A Physician Has Insurance, but the Risk Does Not End: The Legal Reality in Malpractice Cases

Malpractice Cases No Longer Revolve Only Around Surgical Technique

A physician may have carried out a medical intervention in line with scientific standards, the hospital may have provided the necessary equipment, and no technical error may have been made during the operation. Even so, in a dispute that arises, a breach of the duty to inform, a delayed referral, incomplete records or the failure of a result undertaken by contract are assessed independently. Acting in line with the medical standard does not mean that the other legal obligations are fulfilled automatically.

The converse is equally important: Not every bad outcome, every dissatisfaction or every complication gives rise to liability for compensation. The legal characterization depends on the type of contract in the specific case, the risks about which the patient was informed, the medical necessity of the intervention, the damage and the adequate causal link, fault, and the nature of the alleged breach. Indeed, there are also Council of State (Danıştay) decisions that did not accept liability for compensation in cases where the complication was properly managed and no service fault could be shown. 4

For this reason, the examination of a dispute cannot be limited to the operation note. What information was given by whom, which decision was taken on what grounds, and what the records prove must be considered together, from the first patient consultation to communication after discharge.

Whom Does a Physician's Compulsory Professional Liability Insurance Protect?

Under supplementary Article 12 of Law No. 1219, compulsory financial liability insurance for medical malpractice is provided for physicians, dentists and members of professions subject to the relevant specialization legislation who work in public healthcare institutions, in private healthcare institutions or independently. The taking out and sharing of premiums are subject to different rules depending on the institution where one works. A physician's policy is not a general business insurance covering all the activities of a hospital or of a medical tourism intermediary. 1

This insurance secures certain compensation claims relating to liability for professional activity, and the related expenses defined in the General Conditions, within the scope and limits stated in the policy. The existence of an insurance contract does not mean that the physician or the healthcare institution is deemed free of fault, nor that every claim asserted by the injured party will be accepted.

Coverage limits per event after the 2025 amendment

The maximum coverage amounts per event under the tariff set by the amendment dated August 7, 2025, which entered into force on November 1, 2025, are as follows: 2

The same regulation states that the total compensation payable under the contract may not exceed TRY 9,000,000. The tariff also regulates how material damages, non-material damages and litigation costs relate to the coverage calculation. For example, the per-event limit of TRY 4,000,000 in risk group IV does not mean that the same policy will pay without limit for every claim, or that TRY 9,000,000 will be paid for each event. The date of the event, the policy period, the applicable tariff and any additional coverages must be checked separately. 2

Timing, claims and notification in insurance

The General Conditions establish a special structure that essentially takes into account the period in which the claim is asserted: coverage for claims relating to certain professional activities prior to the policy depends on conditions such as a ten-year look-back framework, a starting limit of July 30, 2009, and an uninsured period of more than one month. There is also a provision for an additional two-year period for certain claims relating to activities in the last policy period after the professional activity has ended. These provisions show why continuous insurance and the dates of the first claim and notification must be examined together. 1

Article B.2 of the General Conditions provides for obligations such as immediate notification upon learning that the risk has materialized and notification within ten days of events that may give rise to liability. Timely delivery to the insurer of information and documents learned about a lawsuit or criminal prosecution is also important. Not every breach of these time limits can lead to an automatic loss of coverage; in the specific case, the General Conditions, the Turkish Commercial Code and the position of the injured party in compulsory insurance must be examined together. 1

Geographical and activity limits of coverage

Under Article A.2 of the General Conditions, as a rule, professional activities carried out within the borders of the Republic of Türkiye are covered; the text provides an exception for certain personnel. A foreign patient being treated in Türkiye within the scope of medical tourism and a physician performing a medical intervention abroad are not the same legal situation. The name of an international service does not by itself extend the geographical scope of the policy. 1

Which Legal Risks May Insurance Not Cover?

Article A.3 of the Insurance General Conditions excludes from coverage certain claims arising from acts outside professional activity, activities outside the sphere of responsibility of institutions (except as stated in the law), administrative and judicial fines, penalties of every kind and contractual penalties, and also claims arising from experiments under the stated conditions. Article B.6 separately regulates the grounds on which the insurer may seek recourse against the insured: events caused intentionally, activities under the influence of alcohol or drugs, and undisclosed endorsements. An exclusion from coverage and the insurer's recourse against the insured after payment are not the same legal mechanism. 1

A policy should not be regarded as sufficient protection without asking the following questions:

• Do the insured's name, branch, period of professional activity and the procedure performed fall within the coverage?

• Does the compensation claim meet the policy's coverage conditions in terms of timing?

• How adequate are the per-event and total contract limits for material and non-material damages and litigation costs?

• Is the event medical malpractice, or is it a result undertaken by contract, an organizational deficiency of the hospital, or an independent service of an intermediary?

• Were the notification to the insurer, the defense organization and settlement actions conducted in accordance with the General Conditions?

Compulsory insurance also regulates certain attorney fees relating to the insured's defense. On the other hand, the special provisions of the policy regarding agreements made independently of and without the approval of the insurer, and regarding defense costs, must not be overlooked. The insurer's debt to the injured party and the objections it may raise against the insured are also assessed separately within the scope of compulsory insurance law. 1

Complication, Malpractice and Complication Management Are Different

A complication is an undesired outcome that may develop within the range of acceptable medical risk despite the necessary care being exercised. Malpractice, on the other hand, refers to damage connected with conduct by a physician or healthcare institution that is contrary to the medical standard. However, a situation initially regarded as a complication may later become the subject of a separate fault review because of late diagnosis, inadequate follow-up, an inappropriate referral or a delay in the necessary intervention.

For example, the development of an infection after surgery does not by itself prove the physician's fault. However, records concerning the patient's repeat visit dates, complaints, test findings, consultation requests, decisions on antibiotic and surgical treatment, and referral options may show whether the management of the complication complied with the rules of medicine, or show the opposite.

In its decision of February 15, 2024, E. 2023/1273, K. 2024/632, the 3rd Civil Chamber of the Court of Cassation (Yargıtay) upheld an award of compensation in a case concerning an infection after eye surgery at a private hospital, having evaluated the inadequacy of the referral organization, the failure to manage the complication properly, and deficiencies in sterilization/disinfection. This decision shows that not only individual surgical technique but also the functioning of the healthcare institution and the coordination that follows may be the subject of proceedings. 5

By contrast, in its decision of May 30, 2016, E. 2015/9957, K. 2016/3880, the 15th Chamber of the Council of State emphasized that, since a non-faulty complication was involved and no service fault could be established in the specific case, the administration's liability to compensate could not be established merely on the basis of an adverse outcome. The common result of both approaches is that the word complication neither creates liability by itself nor eliminates all legal obligations. 4

Informed Consent Is Not Merely a Signed Form

Taken together, Article 70 of Law No. 1219, the provisions on information and consent in the Patient Rights Regulation, and Article 5 of the Convention on Human Rights and Biomedicine require that the patient be informed about the procedure to be carried out, its purpose, the expected benefit, significant risks, probable complications, alternatives and the consequences of not accepting treatment in an understandable manner and before the decision. Consent must be obtained in writing where the conditions require it, and it is also important that the form reflect a genuine process of informing. 6 7

The problem in practice is that all patients are made to sign the same general form, and the signature is then treated as conclusive evidence covering every procedure. Whether patient-specific risks were explained gains importance, particularly in high-risk procedures or those in which outcome expectations predominate. The form must be consistent with the other file records as to the relevant procedure, the date of signature, the specific risks explained, the physician's consultation, the patient's opportunity to ask questions and comprehensibility.

In its decision of October 10, 2023, E. 2023/863, K. 2023/2620, the 3rd Civil Chamber of the Court of Cassation held that characterizing a medical event as a complication does not remove the duty to inform; it evaluated the position of the defendant healthcare institution regarding proof of the information given, and found the award of compensation appropriate on the merits in a file in which there was no consent record. 8

In its decision of February 25, 2025, E. 2021/3712, K. 2025/1140, the 10th Chamber of the Council of State likewise found it unlawful that a claim for non-material damages was rejected without investigating informed consent obtained before the operation; while the rejection of the claim for material damages was upheld, the decision was quashed as regards non-material damages. This distinction matters: the conditions required for compensation of a breach of the right to information and for compensation of bodily harm are not the same in every case. 9

In what language must a foreign patient's consent be obtained?

In international medical tourism, a Turkish-language form signed by a foreign patient may not by itself prove that the patient actually understood that language and the medical explanation. The patient's preferred language, the identity of the interpreter, who gave the explanation, the content of the information and the patient's opportunity to make a decision must be demonstrable in the file. Translating the procedure-specific information and the patient understanding only a price/accommodation package are different matters.

The interpreter's role in providing the service does not entirely remove the physician's responsibility for medical information. In files where there is a language barrier, the consistency of the consent form, the interpretation record and the medical consultation records must also be examined separately. 3 6

Why Does Outcome Expectation Matter in Aesthetic Surgery and Dental Aesthetics?

In many treatment relationships with a medical purpose, the physician's obligation is to act with due care and in accordance with the medical standard. However, interventions that are purely aesthetic in purpose and in which the creation of a specific appearance is undertaken may, in Court of Cassation practice, be evaluated within the framework of a contract for work, depending on the specific contractual relationship. The obligation of result under a contract for work makes the result undertaken in the patient file, and the conformity of the resulting situation with that result, a separate subject of discussion. 10

In its decision of December 23, 2024, E. 2023/4200, K. 2024/5071, the 6th Civil Chamber of the Court of Cassation quashed the judgment dismissing the case, stating that upper eyelid aesthetics and liposuction interventions must be examined from the standpoint of a contract for work, and that the mere presence of a medical complication is not a sufficient assessment of the result. A quashing decision does not directly mean that compensation is awarded; it requires the local court to re-examine the case. 10

On the other hand, it cannot be said that every aesthetic intervention contains an absolute promise of success with respect to every subjective expectation of satisfaction. The purpose of the operation, written and oral promises, technical possibilities, patient-specific characteristics, the healing process, the likelihood of revision and medical complications must be evaluated together. The opposite interpretation ignores the scientific uncertainties of healthcare and the content of the specific contract.

Expectation management is a matter of legal proof. A statement such as "healing may vary from person to person" does not have the same content as statements such as "there will definitely be no scar", "guaranteed result", "no revision will be needed" or "it will be exactly as you imagined". WhatsApp messages, promises made by patient advisors, pre-operative simulations, package offers and social media records can illuminate the contractual scope of the dispute. The same medical/contractual distinction must be made according to the characteristics of each procedure in dental aesthetics, hair transplantation and aesthetic procedures.

Advertising, Before-and-After Images and Social Media Are a Separate Area of Legal Risk

The Regulation on Promotion and Information Activities in Healthcare Services dated November 12, 2025 regulates the promotional activities of healthcare professionals, private healthcare institutions and international medical tourism intermediaries. The regulation covers the ban on explicit or implicit advertising, patient images, patient reviews and the special conditions of medical tourism promotion directed abroad. Therefore the issue is not only whether a marketing statement turns into a promise of result in the contract; the compliance of the promotion with the legislation is also reviewed separately. 11

The information and permission conditions that the relevant regulation provides for the use of patient images, the right to see the image in advance, and the rules on withdrawal of permission are important. The conditions under which before-and-after photographs are taken, their date, their faithfulness to reality, the prohibition of later alteration, and the limits of comment/re-sharing functions are also regulated. It should not be assumed that the same promotional authority applies in domestic and international medical tourism communications. 11

Social media correspondence and images may be asserted as evidence in a lawsuit file; however, the manner in which they were obtained, the integrity of the content, to whom they belong and their connection with personal data must be assessed separately. A promise of result given by the marketing team of a healthcare institution may cause the case to proceed on more than the physician's fault alone. The effect of this on insurance requires a separate examination of whether the promise in question is a compensation claim arising from the physician's professional activity within the policy's scope.

In Medical Tourism, Physician Insurance and Complication Insurance Are Not the Same Thing

The Regulation on International Health Tourism and Tourist Health dated April 26, 2025 regulates the rules on authorization certificates, service standards and supervision for international health tourism activities. Under Article 5 of the Regulation, authorization is conducted separately for the healthcare facility and the intermediary institution. Under Article 6/1-c of the Regulation, the healthcare facility must take out complication insurance for surgical and interventional procedures to be performed in an operating room environment within the scope of international health tourism. 3

This obligation is separate from the physician's compulsory professional liability insurance based on Law No. 1219. Which risks, expenses, geographical and temporal limits and coverage exclusions the relevant complication insurance includes is examined through the policy of the specific product. The flight, accommodation, transfer, interpreter, revision, follow-up after the patient returns to their country and retreatment promises in a medical tourism contract are also not covered automatically merely because two insurances exist.

Intermediaries' liability may not be limited to tickets and transfers alone

The Regulation states that healthcare facilities and intermediary institutions are responsible according to the type of service provided, and that complications and medical malpractice that may arise after the healthcare service are also within the scope of the liability review. This provision does not mean that the intermediary is automatically and equally liable for every medical error; the service it actually undertook, the authorization certificate, the contracts, fault, causation and other applicable provisions are evaluated. 3

The Regulation's rules on the health tourism unit, foreign language service and patient coordination make organizational liability concrete. Price and result promises by the patient advisor, interpretation errors, who is responsible for postoperative control, information on travel safety and records of responses to complaints from abroad are therefore important.

Applicable law and the competent court should be examined in advance

The treatment of a foreign patient in Türkiye does not mean that the dispute will in every case be resolved only in Turkish courts and under a single legal system. Where there is a foreign element, international jurisdiction, applicable law, the nature of the consumer relationship, the validity of jurisdiction conditions and the effect of foreign judgments must be examined together with the specific contracts. It is therefore important that institutions regulate their package contracts, medical consent, hospital service and intermediary organization separately and consistently.

Organizational Fault May Be Examined Independently of the Physician's Personal Error

A hospital is obliged to establish an appropriate organization of equipment, sterilization, personnel, shifts, consultation, records, referral and emergency response. A disruption in any of these processes may raise the institution's liability even if no medical error by a single physician can be shown in the case. A deficiency in the organization of the service and the individual fault of the physician must be assessed on separate evidence.

In the decision of February 15, 2024 of the 3rd Civil Chamber of the Court of Cassation, deficiencies in sterilization/disinfection relating to patients operated on the same day and the failure to arrange an appropriate referral after a complication were discussed; the claims directed at the physician and the hospital were assessed together. In the decision of the 10th Chamber of the Council of State of February 21, 2022, E. 2019/6901, K. 2022/854, the relationship between sterilization conditions and the infection that developed in many patients who underwent cataract surgery on the same day was examined. 5 12

For hospitals, aesthetic clinics, hair transplant centers, dental clinics and chain healthcare businesses, internal quality policy does not consist merely of accreditation or medical device checks. Audit records, the forwarding of patient complaints to the relevant unit, monitoring of complication indicators, the duty boundaries of interpreters/patient advisors and emergency referral protocols are also part of the liability review.

The Legal Value of Patient Records, the KVKK and Digital Correspondence

Health data is special category personal data under Law No. 6698. The legal bases for processing data for medical diagnosis, treatment, care and the management of healthcare services do not automatically apply to the use of the same data for advertising, promotion, analytics or social media purposes. The amendments made in 2024 to Articles 6 and 9 of the KVKK require examination of the current state of the conditions for processing and the regime for transfers abroad. 13

In its decision no. 2023/787 of May 11, 2023, the Personal Data Protection Board (Kişisel Verileri Koruma Kurulu) assessed that explicit consent obtained for sharing patient videos containing health data for promotional purposes cannot be regarded as sufficient to override the sectoral advertising ban. This decision shows why the approach "the patient gave permission, so sharing is lawful in all circumstances" is wrong. However, the decision must be read within the legislation of the date on which it was given; today, the promotional regulation of November 12, 2025 must also be taken as the basis. 14 11

Sending medical photographs via WhatsApp, the patient's messages during follow-up, staff access to images, cloud storage, AI-supported clinical tools and remote healthcare services may each give rise to separate data processing and access control questions. The institution must document for what purpose it uses the patient's contact details, who has seen the files, and the authorization, retention, transfer and deletion processes. By contrast, collecting unnecessary health data merely to serve as evidence, or circumventing confidentiality safeguards, is unacceptable.

The Liability and Recourse Regime Is Not the Same for Public Physicians and Private Healthcare Institutions

In administrative liability claims asserted because of healthcare services in a public hospital, as a rule a full remedy action against the relevant administration, service fault and, where its conditions exist, other principles of administrative liability come into play. In the relationship between a private hospital, an independent physician and a patient, contract, consumer law, tort or special regulations may be assessed together. Working at a private hospital does not mean that every claim against the physician is directly a matter for the administrative courts.

Supplementary Article 18 of Law No. 3359, with its 2022 and 2024 amendments, contains special provisions on the Professional Liability Board (Mesleki Sorumluluk Kurulu), on permission to investigate certain healthcare professionals, and on the regime of recourse for compensation paid by public institutions/state universities. The current text of the article also provides, in addition to the Board's evaluation, that under certain conditions the administration, after paying the injured party, steps into the place of the insured healthcare professional and makes a claim against the insurance company within the limits of the degree of fault and the insurance coverage. Therefore a simple sentence applied to every event, such as "recourse is had against a public physician only if there is a final criminal conviction", is not legally sufficient. 15

In the private sector, the hospital's obligations arising from its own organization, the employed physician's liability, the division of duties in the contract and, where applicable, the order in which different insurances come into play must be assessed together. A hospital's own insurance and a physician's compulsory policy are not synonymous.

How Is Procedure Determined for a Malpractice Compensation Action and a Claim to the Insurer?

The type of action and the competent judicial authority are determined according to who provided the healthcare service and through what legal relationship. In disputes where private healthcare service is a consumer transaction, the jurisdiction of the consumer court and mediation as a condition precedent to litigation and its exceptions under Article 73/A of Law No. 6502 are examined. The procedure and jurisdiction for a direct claim against the insurer must be addressed separately. 16

For compensation claims arising from an administrative act against a public administration, under Article 13 of Law No. 2577, as a rule an application to the administration within one year of learning of the act and in any event within five years of the act, and the subsequent administrative litigation procedure, come into play. However, the point of learning, the emergence of damage and causation, the distinction between administrative act/action, the law applicable in terms of time and procedural exceptions must be examined in the specific file. 17

In private law, the type of contract, tort, the insurance contract and the legal nature of the claims may lead to different limitation periods and procedural prerequisites. It is not correct to apply a single "malpractice limitation period" to all claims against the physician, the hospital, the insurer and the intermediary. In particular, the period for notifying the policy and the period for applying to the court are not the same thing. The injured party's possibility of applying directly to the insurer or bringing a direct action within the framework of the General Conditions and the provisions on liability insurance must also be assessed separately. 1

Which records should be examined first in the evidence file?

• Patient complaints, diagnosis, indication, operation/procedure, anesthesia, discharge summary, laboratory and imaging records.

• Procedure-specific consent, the information consultation, interpretation, additional explanations, and signature and date records.

• The timeline of complication symptoms, emergency visits, follow-up, consultation, referral and revision.

• Contracts, price quotes and payment documents among the doctor, the hospital, the medical tourism intermediary and the patient.

• Messages whose integrity of communication has been preserved, online promotion, result promises and social media records.

• The compulsory physician policy, supplementary/endorsement policies, the medical tourism complication insurance, notifications and correspondence with the insurer.

• Sterilization, personnel, technical equipment, quality audit, division of duties and incident reporting records.

These records matter not only for the claimant but also for the defense of the physician, the hospital and the insurer. A missing document does not by itself prove all the elements of liability; however, it may aggravate the dispute over proof.

Risks That May Gain Importance in the Future: Artificial Intelligence, Remote Healthcare and Cross-Border Follow-Up

AI-supported triage and decision-support tools, remote assessment, digital consent, storage of health data in cloud systems outside the hospital, online patient advisor consultations and international follow-up protocols may give rise to new dispute scenarios. For each of these, the existing legislation, the function of the technology used and the healthcare professional's duty of oversight must be examined together.

Since there is no verified statistic that the number of cases will increase by a given proportion in these areas, no definite forecast can be made. Nevertheless, the data source, who made the decision, how the AI output was supervised by the physician, the limit of remote assessment, the patient's country of location and the risks of unauthorized access are concrete control topics that healthcare institutions can manage today.

Five-Stage Risk Management for Healthcare Institutions

1. Policy review: Check the branch, period, notification, per-event/total limits, defense costs and recourse provisions of the compulsory physician insurance; where necessary, evaluate separate corporate, supplementary or medical tourism policies.
2. Procedure-specific information: Establish an information/decision process before medical intervention that suits the patient's situation and language, is understandable and can be proven afterwards.
3. Complication and organization: Tie early warning, consultation, referral, shifts, infection control and post-discharge follow-up duties to written and workable procedures.
4. Advertising, contract and data audit: Audit the processes of patient advisors, social media, before-and-after images, price packages, interpretation, the KVKK and patient communications together.
5. Regular file and incident checks: Maintain the integrity of medical records; in critical events, preserve evidence lawfully and assess the obligations to notify the insurer without delay.

Conclusion

Insurance is a legal protection tool; it is not a risk management system in itself. The physician's correct treatment, the hospital's correct organization, the patient's being informed in an understandable manner and the documentation of the service are complementary obligations. Compulsory professional liability insurance does not replace them, nor is it identical to medical tourism complication insurance, data protection obligations or advertising regulations.

In a malpractice file, the decisive question is not only "was the operation faulty?" What the patient was told, which action was taken and when in the face of the complication, how the institutional processes worked, and by which insurance and within what limit the alleged damage is secured must each be answered separately. A legally defensible healthcare service requires process management that is as transparent, careful and documentable as it is medically sound.

Frequently Asked Questions

Does the physician's compulsory insurance pay all compensation?

No. The policy has limits on professional activity, time, geography, per-event coverage and total coverage. The exclusions and recourse provisions in the General Conditions also apply. The injured party's right to turn directly to the insurer and the insurer's defenses against the insured are examined separately. 1 2

Are non-material damages included in compulsory physician insurance?

The tariff regulates material and non-material damages within the coverage calculation. However, whether a particular claim for non-material damages will be paid is assessed according to the nature of the liability, the scope of the event and the policy, and the limits. 2

Does the occurrence of a complication definitely relieve the physician of liability?

No. That a complication was unavoidable does not by itself show that information was given or that the necessary follow-up was provided after the complication. However, in cases where there is no fault, damage or adequate causal link, compensation cannot be awarded automatically merely on the basis of an adverse outcome. 4 5 8

Is signing a standard consent form sufficient?

Not always. The information must be specific to the patient and the procedure, understandable and given before the decision; in particular, the explanation of significant risks and alternatives must be capable of proof. 6 8 9

Is an unsatisfactory result in aesthetic surgery always malpractice?

No. The result undertaken in the specific contract and the medical process are evaluated together. In cases having the nature of a contract for work, whether a result conforming to the contract has come about also matters; subjective dissatisfaction alone does not prove all the elements of the case. 10

Is complication insurance also mandatory in medical tourism?

Under Article 6/1-c of the Regulation dated April 26, 2025, the healthcare facility must take out complication insurance for surgical and interventional procedures performed in an operating room environment within the scope of international health tourism. This insurance is different from the physician's compulsory professional liability insurance. 3

If the patient consents, can before-and-after photographs be published in any manner?

No. In addition to the protection of personal data, the rules on promotion and information in the healthcare field also apply. The patient's giving permission does not by itself make lawful an advertising activity prohibited by the legislation. 11 14

Is the litigation route the same in a public hospital and a private hospital?

No. For compensation claims arising from a public service, as a rule the administrative courts come into play, and in a private-law service relationship the ordinary courts, depending on the nature of the act. The application requirement, jurisdiction and time limit must be examined in the specific dispute. 15 16 17

Sources

1. Turkish Insurance Association (Türkiye Sigorta Birliği), General Conditions of the Compulsory Financial Liability Insurance for Medical Malpractice (Tıbbi Kötü Uygulamaya İlişkin Zorunlu Mali Sorumluluk Sigortası Genel Şartları), especially A.1–A.3, B.1–B.6 (Official Gazette of July 21, 2010, no. 27648; text including later amendments). Link to source

2. Insurance and Private Pension Regulation and Supervision Agency (Sigortacılık ve Özel Emeklilik Düzenleme ve Denetleme Kurumu), amendment to the Tariff and Instruction of the Compulsory Financial Liability Insurance for Medical Malpractice (Tıbbi Kötü Uygulamaya İlişkin Zorunlu Mali Sorumluluk Sigortası Tarife ve Talimatı) published in Official Gazette no. 32979 of August 7, 2025 (in force November 1, 2025). Link to source

3. Ministry of Health (Sağlık Bakanlığı), Regulation on International Health Tourism and Tourist Health (Uluslararası Sağlık Turizmi ve Turistin Sağlığı Hakkında Yönetmelik), Official Gazette of April 26, 2025, no. 32882, especially Articles 5–7. Link to source

4. Council of State (Danıştay) 15th Chamber, May 30, 2016, E. 2015/9957, K. 2016/3880; the relationship between complication, service fault and compensation. Link to source

5. Court of Cassation (Yargıtay) 3rd Civil Chamber, February 15, 2024, E. 2023/1273, K. 2024/632; complication management, sterilization and referral organization. Link to source

6. Ministry of Health (Sağlık Bakanlığı), Patient Rights Regulation (Hasta Hakları Yönetmeliği), especially Articles 15, 18, 22–24, 31. Link to source

7. Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine), Articles 4–5 (the convention whose ratification was approved by Law No. 5013). Link to source

8. Court of Cassation (Yargıtay) 3rd Civil Chamber, October 10, 2023, E. 2023/863, K. 2023/2620; complication and proof of informed consent. Link to source

9. Council of State (Danıştay) 10th Chamber, February 25, 2025, E. 2021/3712, K. 2025/1140; investigation of consent and quashing as regards the claim for non-material damages. Link to source

10. Court of Cassation (Yargıtay) 6th Civil Chamber, December 23, 2024, E. 2023/4200, K. 2024/5071; contract for work in aesthetic intervention and review as to the result. Link to source

11. Ministry of Health (Sağlık Bakanlığı), Regulation on Promotion and Information Activities in Healthcare Services (Sağlık Hizmetlerinde Tanıtım ve Bilgilendirme Faaliyetleri Hakkında Yönetmelik), Official Gazette of November 12, 2025, no. 33075, especially Articles 5–8. Link to source

12. Council of State (Danıştay) 10th Chamber, February 21, 2022, E. 2019/6901, K. 2022/854; review of hospital infection and service fault. Link to source

13. Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu), Public Announcement on the Amendments to Law No. 6698 on the Protection of Personal Data (6698 Sayılı Kişisel Verilerin Korunması Kanununda Yapılan Değişiklikler Hakkında Kamuoyu Duyurusu), 2024; especially KVKK Articles 6 and 9. Link to source

14. Personal Data Protection Board (Kişisel Verileri Koruma Kurulu), May 11, 2023, decision no. 2023/787; processing of images containing health data for promotional purposes. Link to source

15. Law No. 3359 on Basic Health Services (Sağlık Hizmetleri Temel Kanunu), supplementary Article 18; current liability provisions with the amendments by Laws No. 7406 and 7496. Link to source

16. Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), Article 73/A; mediation as a condition precedent to litigation and its exceptions. Link to source

17. Law No. 2577 on Administrative Procedure (İdari Yargılama Usulü Kanunu), Article 13; application to the administration for a full remedy claim arising from an administrative act. Link to source