I am planning an establishment or investment
Joint review of the permit, operating model and investment contracts for a hospital, medical center, polyclinic or medical practice.
Review the relevant scopeHealth law covers the operating conditions of health care institutions, patient rights, the responsibilities of health care workers, and contract and dispute matters in the sector. In a single event, administrative, private law, criminal, employment, insurance and personal data rules may arise together.
Güneş & Güneş Law Firm provides advice and representation to patients and their relatives, health professionals, private hospitals, clinics, laboratories, health tourism organizations, insurers, and pharmaceutical and medical device companies. A conflict-of-interest check is carried out before a matter is accepted; opposing parties in the same dispute are not represented together.
Joint review of the permit, operating model and investment contracts for a hospital, medical center, polyclinic or medical practice.
Review the relevant scopeDetermining deadlines and routes of application for the inspection report, defense, administrative fine, suspension of activity and license decisions.
Review the relevant scopeAssessment of claims arising from information, consent, privacy, medical records and health services.
Review the relevant scopeAlignment of the authorization certificate, accreditation or certification, intermediary agency, foreign patient and promotion processes.
Review the relevant scopePlanning of employment contracts, discipline, investigation permits, professional liability and defense processes.
Review the relevant scopeClaims arising from SGK deductions, SUT, insurance pre-authorization, supply, invoices and service contracts.
Review the relevant scopeKeep the inspection report, administrative decision, notification document and related records unaltered. State any approaching defense, objection or litigation date in your first communication. If there is an ongoing urgent health problem, do not delay seeking medical help for a legal assessment.
The first step is to determine the legal status of the health care institution, the basis of the claim and the type of decision. Internal complaint, patient rights, disciplinary, criminal and compensation processes do not serve the same purpose; they have different application requirements and time limits.
On narrow screens, you can scroll the table horizontally to see all columns.
| Nature of the file | Initial review | Possible legal route |
|---|---|---|
| Public hospital / state university hospital | The institution’s status, service fault, personnel and the date the event became known. | Preliminary administrative application and, where the conditions are met, a full remedy action; criminal procedure is reviewed separately. |
| Private hospital / medical practice | The operator, the contract, consumer transaction, professional and organizational liability. | Depending on the claim, consumer arbitration committee (tüketici hakem heyeti), mediation as a condition precedent to litigation, or the competent civil court. |
| Foundation university hospital | The public legal personality of the university, the actual operator and the legal status of the service. | The competent judicial branch is determined by the concrete relationship; it is not automatically treated the same as a private hospital. |
| License and administrative sanction | The basis and authority of the decision, notification date and its effect on operations. | Administrative objection, action for annulment or stay of execution, or another body specific to the sanction. |
| Investigation of a health care worker | The act, professional status, duty and scope of the special investigation procedure. | Depending on the conditions, investigation permit, discipline, public prosecutor and criminal proceedings. |
| Patient rights and health data | Access to records, consent, privacy and the identity of the data controller. | Application to the institution or patient rights unit; data controller and Authority route, or the relevant lawsuit. |
| SGK and insurance payments | SUT, contract, policy, date of the act, reason for deduction or refusal. | Application to the institution or insurer; depending on the claim, a lawsuit or insurance arbitration. |
| Drugs, devices and clinical research | Product or research status, permit, safety, interested parties and harm. | TİTCK or the relevant administrative process; contract, product liability or criminal route. |
| Health tourism | Authorization, intermediary, contract, foreign element and data transfer. | A route consistent with the administrative, consumer, commercial or private international law conditions. |
Applying to CİMER, to a patient rights unit or to the public prosecutor’s office does not automatically suspend all litigation time limits. Administrative fines are not all brought before the same court. The specific basis of the act, the notification and any mandatory preliminary procedures are checked separately.
You can review the scope relevant to your need by opening a topic. 21 service topics are arranged in six groups, from establishment and preventive compliance through administrative application, negotiation, litigation and enforcement of decisions.
Private hospitals, medical centers, polyclinics, physical therapy and rehabilitation facilities, medical practices, laboratories, dialysis centers, oral and dental health establishments, home health units and other health facilities are subject to different legislation and planning principles. Incorporating a commercial company does not, on its own, grant authority to provide health services; the license, activity permit certificate, specialty, staffing, physical premises and medical device conditions appropriate to the type of institution must also be met separately.
Our work in this area includes:
Preparing a regulatory matrix and document list before applying, and structuring investment, lease, construction and staff contracts in line with permit conditions, can reduce investment losses that may arise later.
Private hospitals and outpatient diagnosis and treatment institutions are subject to the regulations renewed in 2025, which apply separately. The practice of health professionals as self-employed practitioners is also assessed under conditions specific to the profession and the type of institution; authority to operate is not derived from a commercial title or a municipal document alone.
In a share transfer, business transfer, merger, investment or partnership involving a health care institution, reviewing company records alone is not sufficient. The license holder, activity permits, staffing, specialized units, use of real estate, public debts, SGK deductions, patient complaints, ongoing investigations and the health data infrastructure must be included in the legal review.
Scope of review:
A share transfer or business transfer does not mean that the license or the health tourism authorization is automatically transferred. Permits, notifications, competition law conditions and closing conditions are set out in the contract in a manner suited to the type of transaction.
Planning conditions for a new institution, beds, specialty, staffing, a specialized center, unit or equipment investment are reviewed according to the type of institution. A license obtained under planning is not the same document as an operating license or activity permit. Obtaining a license does not by itself complete the other opening and operating conditions.
Under the framework of the Health Services Licensing Regulation dated November 11, 2025, the relevant institution regulation and the current notice are assessed together; the same licensing procedure is not assumed for every health care institution.
The operational continuity of a health care institution is linked not only to patient safety but also to building, fire, occupational health, technical maintenance and environmental obligations. Legal review does not replace the checks and certifications that must be carried out by competent technical persons.
Health facilities may be subject to routine, extraordinary, complaint-based or follow-up inspections. In reviewing an administrative sanction, the following are assessed separately: the act described in the inspection report and its counterpart in legislation, the document supporting the finding, the competent inspection unit, whether the deficiency was remedied, and whether the right to defense was afforded.
In inspection and sanction processes:
The date of notification of the administrative act, the manner of its implementation and its effect on the facility’s operations should be assessed without delay.
Filing an application does not by itself stop the sanction. The effect of an action for annulment, a stay of execution or an objection specific to the sanction is determined by the applicable procedure. Corrective action needed for patient safety and a legal objection to the decision can be planned together.
Physicians, dentists, pharmacists, nurses and other health professionals may face an internal review, a disciplinary investigation, a professional organization procedure, the Professional Liability Board (Mesleki Sorumluluk Kurulu) process, a criminal investigation, or compensation or recourse claims arising from the same event.
In these processes:
It is important to preserve the medical records and scientific sources used in the defense; however, patient privacy and the confidentiality of the investigation should not be breached.
Distinction between permit and compensation: The investigation permit under Supplementary Article 18 of Law No. 3359 concerns examination, diagnosis and treatment and relates to criminal procedure; it is not a general precondition of a compensation lawsuit. The special procedure under Article 53 of Law No. 2547 is protected separately. Not every disciplinary or criminal allegation automatically falls within the scope of the Professional Liability Board.
In health care, criminal liability is not limited to injury or death claims arising from medical intervention. Unauthorized health services, forged documents or records, prescription and invoice transactions, unlawful disclosure of personal data, drug and device safety, acts causing public loss, and violence against health care workers may also be the subject of a criminal investigation.
In these processes:
Whether an investigation permit is required depends on the act and the staff status. The defense and evidence plan differs for a complainant, a victim or a suspect. You can review our criminal law services.
Patient rights consist of interrelated entitlements, including access to health services, the right to information, the freedom to choose the health care institution and staff, privacy, consent to medical intervention, safe care, the right to inspect records, and the use of remedies.
Informed consent is not merely a signed form. The patient must be told the diagnosis, the proposed intervention, reasonable risks, alternatives, the probable consequences of declining the intervention, and other necessary information, in a way the patient can understand. The patient’s age, capacity to decide, emergency situations, legal representation, need for translation and the nature of the intervention may affect the consent process.
In this scope:
The patient, authorized representative or legal representative may exercise the right to inspect records and take copies under the Patient Rights Regulation. An e-Nabız record may not replace the institution’s complete medical file. Corrections to records should not be made in a way that hides their history; the integrity of the record must be preserved.
Health, genetic, biometric and sexual life data are special category personal data. Processing, storing, authorizing and transferring this data to third parties or abroad requires a higher level of legal and technical protection than general personal data processes.
In health care institutions, data flows may occur between physicians, nurses, laboratories, imaging centers, pharmacies, insurance companies, call centers, software providers, health tourism intermediaries and public systems. The purpose of each transfer, its legal basis, the data controller and data processor roles and the security method must also be determined separately.
Scope of our work:
Patient consent is not the sole legal basis for every data processing activity. Determining the applicable processing condition correctly requires that no more data than necessary be collected, that access be restricted, and that transfers be made securely.
The current special category data processing conditions in Article 6 of KVKK and the cross-border transfer regime in Article 9 are addressed separately. The privacy notice, the data processing condition and consent to medical intervention cannot be used in place of one another. Where a foreign patient or a server located abroad is involved, the party to the transfer, its purpose and its legal mechanism are determined separately.
Having a video consultation application does not, by itself, grant authority to provide telehealth services. For a health facility, the telehealth activity permit, the Ministry registration of the information system used, professional authority and informing the patient are checked together.
Not every health procedure is suitable for remote delivery. Required physical examination or intervention conditions are preserved; a software output does not remove the physician’s duty of assessment.
Websites, social media, search engines, videos, images, press releases, patient communication and health tourism promotion relating to health services must be carried out within the limits of the promotion and information rules in health legislation. Statements of a commercial advertising nature, promising outcomes, lacking a scientific basis, steering patients or disparaging other health care institutions may give rise to administrative and professional liability.
In this area:
When preparing the communication strategy of a health care institution, health legislation, consumer law, KVKK and unfair competition rules should be assessed together.
Domestic information and health tourism promotion are not governed by the same regime. The Regulation of November 12, 2025 contains special provisions on international health tourism, under which authorization, a separate medium, language and the conditions for targeting abroad apply. Giving consent to the use of a patient’s image does not mean that the content automatically complies with the other promotion rules.
In the health sector, the parties to a contract are not limited to buyer and seller. Patient safety, public order, professional authority, license conditions and personal data obligations set the limits of freedom of contract.
Principal contracts prepared and reviewed:
Contracts should establish, within the same legal framework, provisions on scope of service, professional liability, payment, data security, ownership of records, audit, insurance, subcontracting, termination and dispute resolution.
Interruption of service, storage of patient records, change of sub-service provider and termination of the contract are regulated separately. The validity of provisions aimed at eliminating in advance patient rights or statutory liability is examined separately.
The working arrangements of health care workers include the employment contract, professional independence, on-call duty, overtime, performance pay, patient portfolio, confidentiality, non-compete restrictions and professional liability provisions.
Our work:
Describing a contract as a “service procurement” or issuing an invoice does not, by itself, determine the actual working relationship. Dependence, the organization of work, professional authority and social security conditions are assessed together. The status of public personnel may not be subject to the same procedure as personnel employed under an employment contract.
International health tourism is a multi-party service structure in which a health facility, intermediary agency, foreign patient, insurer, hotel, transfer company and foreign business partners may be involved. The authorization certificate, the HealthTürkiye system, service standards, translation, patient records, complication management, pricing and collection processes must be planned together.
Our areas of work:
A patient contract drafted in a foreign language should not be regarded merely as a translation of the Turkish text. The governing law, jurisdiction, arbitration, data transfer, the role of the intermediary agency and post-treatment liability must be expressly regulated.
Compliance timetable as of October 4, 2026: For hospitals, medical centers, medical laboratories and dialysis centers within the scope of health tourism, TÜSKA accreditation applies; for other health facilities outside these, the Ministry certification obligation is assessed separately. The date in provisional Article 1/3 of the Regulation is December 31, 2026, and the current regulation is checked before any transaction. An authorization certificate does not replace these obligations.
Authorization certificates are issued by the Ministry for health facilities and by USHAŞ for intermediary agencies. Surgical and interventional procedures in the operating room environment are assessed separately, for the complication insurance obligation, from professional liability insurance. The occurrence of a complication does not by itself show that there was faulty medical practice.
In the pharmaceutical sector, research, licensing, manufacturing, import, pricing, reimbursement, distribution, promotion, pharmacovigilance and market surveillance are subject to different regulations. In addition to administrative processes, product liability, contract, competition and intellectual property disputes may also arise.
In this area:
The class of a medical device, its intended use, its manufacturer, importer, authorized representative and distributor, and its use within the health care institution affect the liability assessment. Conformity, registration, traceability, clinical evaluation, reporting of adverse events and withdrawal obligations are addressed together with the technical records.
Scope of work:
Registration in ÜTS or a CE mark does not, by itself, mean that the specific product satisfies all conditions of use and promotion. The intended use, class, conformity documents, the supply chain and the technical regulation in force on the date of the event are reviewed together.
Clinical research is subject, alongside scientific requirements, to the rights, safety and well-being of the volunteer, ethics committee review, permission from the competent institution, informed consent, insurance, safety reporting and personal data processes.
In this area:
The ethics committee assessment, the volunteer’s consent and the permission of the competent institution serve different functions. A contract or consent form does not substitute for a permit or notification required by the type of research. The volunteer’s withdrawal from the research, data processing and the retention of existing records are regulated separately.
The relations of health service providers with SGK proceed through the contract, the Health Practice Notification (Sağlık Uygulama Tebliği), MEDULA records, invoicing, pre-authorization, audit and claims of undue payment. Medical necessity and the coding and documentation conditions under payment legislation may not mean the same thing.
Areas of work:
The SUT provisions, the contract version and the reimbursement lists are reviewed according to the date of the procedure. Deduction items are matched with the medical record, code, invoice and reason for refusal. Not every dispute is subject to the same time limit or the same competent court.
Coverage, waiting periods, exclusions, pre-existing conditions, pre-authorization, incomplete disclosure, renewal and the insurer’s recourse claims in private and supplementary health insurance may give rise to disputes.
In this scope:
For insurance arbitration, the insurer’s participation in the system, the scope of the dispute and the required prior application conditions are checked. The existence of a policy does not mean that every treatment or every loss will be covered.
Claims of loss arising from medical treatment require the distinction between complication and medical malpractice, the medical standard, informed consent, causation, damage, the organizational liability of the health care institution, and the competent judicial route to be examined together.
The route to be used in a health dispute is determined by the procedural capacity of the parties and the type of claim. In private law, consumer, commercial and employment disputes, mediation before litigation may apply where the conditions are met; in administrative disputes, an administrative application and an action for annulment or full remedy action; in insurance disputes, the Insurance Arbitration Commission; and in personal data disputes, an application to the data controller and the Board process may arise.
Our scope of work:
An individual application is not a new stage of the ordinary appeal; it requires an allegation of violation of a fundamental right, the exhaustion of available remedies and specific admissibility and time conditions. Enforcement of a decision is planned according to the file, as collection, performance of the administrative act or internal corrective action.
Even if the documents are not yet complete, the approaching final date and the records that must be preserved can be identified. Do not delay the first assessment because of missing documents.
Keep every page of the decision, the e-notification record and the date you learned of it. Distinguish the deadlines for defense, objection, application and litigation from one another.
Keep the license, inspection report, patient record, system log and correspondence unaltered. Completing a record later is not the same as changing a past record.
Do not rely on a trade name alone. Establish from documents the role of the license holder, operator, patient, employee, insurer and intermediary agency.
Assess which unit or service the sanction covers, its effect on patients and staff, and the safe continuation or corrective steps required.
Locate the notice, termination, payment, security and exclusion provisions. Keep the reason for any refusal or deduction in writing.
Do not upload patient or third-party data to a general form or to social media. Proceed once access authority, the scope of the necessary documents and a secure channel have been determined.
We do not assess a health law file solely on the basis of a complaint, a license or a contract. The legal basis of the activity, patient safety, professional status, record integrity and economic consequences are set out at the beginning of the file. The aim is to make clear which claim will be pursued through which evidence and route of application.
Legal assessment and the scope of medical and technical expertise are kept separate. Where needed, expert opinion is planned; clients are told about strengths as well as uncertainties, costs and alternatives. For institutions, preventive compliance may be addressed alongside resolving the current dispute.
The request, institutional status, conflicts of interest, urgent dates and the scope of the engagement are determined.
Permits, inspection records, medical records, contracts and payment documents are placed in chronological order; gaps are identified.
The rules in force on the date of the event are assessed together with the need for medical, device, IT or financial review.
Authority, competence, time limits, proof, costs and effects on the activity are explained; the options are compared.
The appropriate administrative application, defense, mediation or litigation is carried out in line with the client’s instructions and the file plan.
Appeals, collection, license and administrative implementation, and procedural updates that reduce recurring risk are addressed.
Güneş & Güneş Law Firm was founded in Kemer on March 18, 1999 and based in Antalya since 2007. It serves health care institutions in their establishment, licensing, inspection, contract and dispute processes, and patients and health professionals in their legal applications.
Consulting, administrative applications, litigation, appeals and enforcement of decisions across Türkiye’s 81 provinces are planned with regard to duties, competence, representation, expert witnesses and, where necessary, on-site procedures.
Turkish, English, German and Russian communication enables the evaluation of matters connected with Türkiye for foreign patients, Turkish citizens living abroad, health care institutions and investors.
Online consultation, secure document transfer, health tourism contracts, apostille or certification and translation of foreign documents, applicable law, international jurisdiction, notification and representation needs are addressed together. Necessary personal attendance is planned separately.
A brief summary of your request, your capacity as applicant, and any approaching final date in the first message is sufficient. From the groups below, prepare only those relevant to your file.
Your capacity as an institution or individual, the place and date of the event, your request and any approaching final date. As far as you know, distinguish the license holder, operator, patient, employee, intermediary and insurer.
Where available: the license or activity permit, authorization certificate, inspection report, deficiency letter, defense, administrative decision and notification record. List prior applications and responses in an attached list.
The relevant service, employment, supply or intermediary contract; the invoice, SGK deduction, policy, pre-authorization refusal letter, payments and dispute correspondence.
State the types of records relevant to the file and who holds them. Discharge summaries, consent forms and device or system records are requested only once access authority and a secure method of sharing have been determined.
The authorized contact person, prior lawyer or application information, your country of residence and your communication preference. Clarify the scope of the work, fees, expenses, document collection and notification arrangements during the consultation.
Do not attach a health report, medical imaging, a detailed diagnosis or an identity image to a general message to the firm. After the conflict-of-interest and access authority checks, the necessary documents are requested through the agreed secure channel. Unnecessary third-party data is excluded from sharing.
Institutional compliance review, permit application, contract work, defense, mediation and litigation are separate stages of work. Attorney fees and court fees, expert witness, technical opinion, translation and other expenses are explained in terms of their scope before the engagement.
The duration depends on obtaining documents, the administration’s actions, technical review, notification and the litigation timetable. No guarantee is given of obtaining a permit, lifting a sanction, the outcome of a case or compensation. In suitable files, the conditions for legal aid from the court and the bar association may also be assessed.
Short answers outline the general framework. The type of institution, the date of the act and the concrete documents may change the applicable route.
They deal with patient rights and medical liability, as well as institutional, licensing, inspection, health care worker, contract, data, insurance, SGK, drug and device disputes. The nature of the file determines the competent body and the route of application.
No. Depending on the type of institution, planning, license, activity permit, physical conditions, staffing and device requirements must also be separately met. Commercial registration alone does not grant authority to provide health services.
No. The license obtained under planning and the institution’s license and activity permits serve different functions. Obtaining a license does not remove the other conditions required to start operations.
In addition to company records, the license holder, permits, staffing, SGK deductions, patient and employee claims, the lease, the data infrastructure and administrative sanctions are reviewed. The permits and notifications required for the transfer are planned separately.
Filing an application does not in every case stop the decision from being implemented. The scope of the decision and the special procedure are reviewed, and the conditions for a stay of execution or other interim protective measures are assessed.
No. The legal basis of the sanction and the special application system are checked. The administrative court or another competent body is determined according to the type of decision.
The patient, authorized representative or legal representative may apply to the health care institution to inspect the records and take copies. The date and response of the application should be kept; it should not be assumed that an e-Nabız record contains the whole file.
No. The patient must be given understandable, procedure-specific information. Consent does not, by itself, make a defective practice or a legally void exemption clause lawful.
No. The processing condition applicable under KVKK is determined by the specific activity. The privacy notice, the processing condition, cross-border transfer and consent to medical intervention are assessed separately.
The location of the server together with access, the data controller and data processor roles, sub-providers, the transfer mechanism, retention, deletion, security and contract terms are reviewed. A general consent text alone cannot resolve all transfer processes.
The relevant activity permit, a system registered with the Ministry and the other conditions must be met. Not every medical procedure is suitable for remote delivery; any necessary physical assessment must be planned separately.
Not by itself. Privacy and KVKK apply alongside the rules on promotion and information in health services. Content for domestic audiences and content for an authorized international health tourism audience may be subject to different conditions.
The certificate for a health facility is issued by the Ministry of Health, and the certificate for an intermediary agency by USHAŞ. The role, application and service scope of each institution are reviewed separately.
They differ depending on the type of institution. TÜSKA accreditation applies to hospitals, medical centers, medical laboratories and dialysis centers, and Ministry certification applies to other health facilities. The transition timetable and the current regulation are checked before the transaction.
These obligations are not the same. For the relevant surgical and interventional procedures within the scope of health tourism, the scope, event and exclusions of the complication insurance and of the professional liability policy are reviewed separately.
An investigation permit is assessed for the criminal investigation within its scope; it is not a general precondition of a compensation lawsuit. The staff status and the special investigation procedures are checked separately.
The title of the contract alone is not decisive. Actual dependence, the working arrangement, professional authority, payment and the social security relationship are assessed together.
The SUT and the contract in force on the date of the procedure, the reason for the deduction, MEDULA and the medical records are compared. The objection period and the competent judicial route are determined by the nature of the claim.
The reason for refusal, the policy, coverage, exclusions and notifications are reviewed. After a prior application, a lawsuit or insurance arbitration is assessed where the conditions are met; not every refusal leads to the same legal outcome.
A registration or mark alone does not satisfy all obligations. The product class, intended use, conformity documents, traceability, promotion and safety conditions are reviewed separately.
Depending on the type of research, an institutional permit or notification, volunteer consent, insurance, safety reporting and data protection obligations may also arise. An ethics committee decision does not replace the other conditions.
No. Compensation arising from medical treatment and an administrative dispute arising from a license or inspection rest on different claims, evidence and procedures. Related processes can be planned on separate timetables.
Health law matters connected with Türkiye can be assessed subject to the conditions of jurisdiction, competence and representation. Online consultation and secure document sharing can be used; any necessary personal attendance is planned separately.
Briefly state your capacity as applicant, the subject, the important date and any approaching final date. Do not attach detailed health records to a general message to the firm; the secure transfer method for necessary documents is determined separately.
You can reach the other service areas your health file may require through these links. The detailed scope of medical error claims is covered on our separate malpractice page.
Content preparation date: . Legislation, case law and practice are rechecked on the date of the transaction. This page provides general information; it is not a substitute for a medical diagnosis or a personalized legal opinion.
Tell us briefly whether you are applying as an institution, a patient, a health professional or another party, your request, the important date and any approaching final date. Before sharing detailed health documents, let us agree on a secure transfer method together.
Your request is handled under the principles of professional secrecy and personal data protection. Conflicts of interest, record access authority and the scope of the necessary representation are checked at the initial stage.
Our target for a first response is 48 hours. This period does not mean that the legal review is complete or that the matter has been accepted. If a final date is close, do not wait; notify us by telephone.
Monday – Friday, 09:00 - 18:00
The outcome of each file depends on the concrete facts, the evidence, expert reports and the assessment of the competent authorities. No guarantee of outcome is given. Initial contact does not suspend legal time limits; an attorney–client relationship is established upon acceptance of the matter and confirmation of the engagement.