With the growth of health tourism in Türkiye and the global increase in cosmetic procedures, medical malpractice claims have become the single largest legal and financial exposure carried by hospitals and physicians.
Whether an operation resulted in a medical complication (a foreseeable and unavoidable side effect) or in malpractice, meaning fault on the part of the physician or the institution, turns on a fine distinction. At Ertuğ & Partners, we set out below the defensive and preventive framework for clinics under the Turkish Code of Obligations and Law No. 1219 on the Practice of Medicine, with a view to avoiding substantial damages awards and the risk of professional suspension.
1. The Liability Regime: Contract of Mandate or Contract for Work
In a malpractice claim, the court first examines the nature of the intervention, and Turkish case law applies two different standards.
2. The Most Frequent Allegations
However careful the physician, gaps in institutional process are what generate litigation.
3. Informed Consent: The Limits of a Pre-Printed Form
The most common failure in clinical practice is relying on a pre-printed consent form, signed hurriedly on admission, stating that the patient accepts every risk.
A careful distinction is required. The Turkish courts do not treat the signature on a standard form as proof in itself that the patient was properly informed; the burden of proof lies with the physician and the institution, and the court examines whether the patient genuinely understood the risks of the specific procedure. There is, however, no absolute rule that every form lacking a handwritten annotation is invalid; the assessment is made on the facts of each case. What matters in practice is that the form was prepared for the specific intervention and that the file demonstrates the discussion actually took place.
4. Who Pays: the Hospital or the Physician?
Where harm occurs in a private hospital, the patient generally proceeds against the hospital or its parent company under Article 66 of the Code of Obligations, which governs the liability of the employer for those it engages.
5. A Preventive Framework for Clinics
Hospital management should build the following into its standard processes.
1. Insurance limits: Compulsory professional liability insurance does not cover every exposure, and the limits erode against inflation: a policy limit of one million against an award of five million offers little comfort. Umbrella cover at institutional level should be considered.
2. Documentation: Every observation, including routine ones, should be entered into the hospital information system or the national e-Nabız record contemporaneously. A physician's assertion in court that a warning was given carries little weight on its own. In medicine, what is not recorded is treated as not done.
3. Complication management: A combined legal and clinical committee should manage communication with the patient after a difficult outcome, before matters escalate. Early recourse to mediation avoids substantial litigation costs.
This report is intended as general risk analysis in the field of medical law and does not replace legal advice on the management of a specific malpractice claim.
Last updated: 10 August 2026.
