Ardan Kaymaz
Healthcare sector is constantly evolving with technological developments and innovative practices. However, despite all the developments, medical malpractice lawsuits constitute a type of dispute that has been confronted by those who receive healthcare services and the persons and institutions that provide these services from past to present.
These disputes may lead to challenging processes for both practicing physicians (doctors, etc.), hospitals, and people who want to access quality health care.
The Concept of Medical Malpractice and Legal Framework under Turkish Law
The World Medical Association’s definition of medical malpractice is “the physician’s failure to conform to the standard of care for treatment of the patient’s condition, or a lack of skill, or negligence in providing care to the patient, which is the direct cause of an injury to the patient”[1], whereas “malpractice of a physician” is defined as “harm to a patient due to lack of knowledge, inexperience or indifference, malpractice of a physician” under the Turkish Medical Association’s Medical Professional Ethics Guidelines.
Indeed, it is a scientific reality that “not every undesirable result after a medical intervention can be considered as malpractice”. Within the scope of the same reality, it should be known that although professional requirements are fulfilled completely, it is a known fact that there are situations that cannot be avoided and prevented, which occur due to the natural course of the disease, the patient’s negligence, or many other parameters.
Under Türkiye’s legal system, lawsuits arising from medical malpractice are regulated within the framework of the relevant legislation such as the Turkish Code of Obligations No. 6098 and the Turkish Criminal Code No. 5237, although they may vary depending on the nature of the healthcare service provider (e.g. private hospital) where the medical practice is performed. If the patient claims that he/she has been harmed due to a medical error, he/she may claim compensation through legal means. We would like to emphasize that in order for this claim to be met, certain legal conditions and especially the causal link must exist.
As stated in the academic study titled “The Concept of Medical Error from the Perspective of Medical Ethics and Law in Turkey”[2], it is possible to assume that medical errors existed even in the times of of primitive medical practices. It should be emphasized that while concepts such as medical error, malpractice and complication have been extensively studied for years in developed countries, these concepts have only recently started to be discussed in our country.
Resolution of Medical Malpractice Lawsuits in the Turkish Health System
The resolution of malpractice cases in the healthcare system emphasizes the need for transparent, swift and fair legal processes. In this context, the promotion of alternative remedies and the continuous training of healthcare personnel are important. Furthermore, in order to reduce the number of these lawsuits, it should be aimed to raise patient awareness, raise awareness about the difference between medical malpractice and medical complications, and increase the commitment of healthcare professionals to ethical standards.
Malpractice litigation in Turkey is an important issue affecting both the healthcare system and the legal system. Patient rights, responsibilities of healthcare professionals and healthcare providers, and legal processes constitute the main elements of medical malpractice cases in the healthcare system. Needless to say, as in every field of law, it is crucial to work with and receive support from expert lawyers in the field of healthcare, in order to reach the desired result and resolve the cases.
As Baş | Kaymaz Law Firm, we offer comprehensive consultancy and representation services in the field of health law to both national and multinational clients with our specialized and experienced lawyers.
[2] The Concept of Medical Malpractice from the Perspective of Medical Ethics and Law in Turkey – Author: MUSTAFA LEVENT ÖZGÖNÜL Supervisor: PROF. DR. BERNA ARDA Second Supervisor: PROF. DR. NECATİ DEDEOĞLU; 2010 – ANKARA