What Is Medical Malpractice?

What Is Medical Malpractice?

Medical malpractice is the doctor’s, medical center, polyclinic, hospital, etc. damage to the patient due to the lack of knowledge, inexperience, or indifference of health institutions. As a result of this damage, certain rights have been given to the patient in order to compensate for the damage. In the case of the physician’s fault or negligence, the relevant damage is held responsible for the damage at the rate of the physician’s fault. As it is known, every medical intervention involves a certain risk, therefore, not every problem causes malpractice cases. The physician must have a fault or negligence in the relevant intervention.


Types of Lawsuits For Malpractices

There are two types of lawsuits filed as a result of malpractice in Turkish Law. The first is the “malpractice compensation case” and the second is the malpractice criminal case.


If a faulty medical intervention is detected, the patient, and if the patient has passed away, their relatives may file a criminal complaint to the prosecutor’s office according to the action regarding the material-moral compensation case.


In this type of case, the plaintiff is the person who has been harmed by the wrong intervention. If the negligent physician is in public, the case will be filed against the administration. If the treatment is applied specifically, the defendant is the physician directly. However, the patient can also sue the hospital.


Malpractice Compensation Case

In the case where a request is made to compensate for the damage caused by malpractice, the court primarily investigates the fault of the doctor and healthcare professionals. The amount of material and moral damage resulting from this research will be determined. The physician is responsible only at the rate of his fault. 


The first case in which the physician is at fault is the consultation, that is, the limits of his authority are exceeded. Another common condition is stabilization. This situation is to make some interventions to make the patient feel better before the actual treatment is applied. The Supreme Court also accepts the absence of stabilization as malpractice.


Malpractice Criminal Case

Malpractice criminal case constitutes the criminal law dimension of the damage caused by the fault of the physician or health worker. In practice, as a result of these erroneous interventions, a criminal complaint is made for the crimes of negligent injury or death, if there is negligent killing, and then a criminal case is filed.

As experienced lawyer in Antalya, we specialize in handling medical malpractice lawsuits in Turkish law. If you or a loved one has suffered harm due to medical negligence or errors in Antalya, our legal team is here to provide expert guidance and representation throughout the compensation or criminal case process. Trust in our expertise to seek justice for your medical malpractice claim.