When death or permanent disability results from medical malpractice, the scope of compensation is determined separately for each claimant and each category of loss. A surviving patient may claim treatment costs, lost earnings and loss of working capacity; where the patient has died, persons who have lost the support they received may claim that support. Moral damages claims by the patient and relatives are also assessed on their own conditions. The severity of the outcome alone is not enough to award compensation; the legal basis of liability and its link to the loss must be shown. [1]
This article examines compensation for death and serious bodily harm linked to a medical intervention in Türkiye. Legislation current as of October 11, 2026 has been used as the basis. In particular, the amendments on interest, offsetting and types of action that entered into force on July 31, 2026 are applied according to the date of the event and the date of the case. Because the application routes for public hospitals and private healthcare institutions differ, the correct defendant and jurisdiction must be identified before losses are calculated. [1–5]
Under What Conditions Does Death or Permanent Disability Give Rise to a Right to Compensation?
Death, paralysis, loss of an organ or a need for permanent care following a medical intervention does not, on its own, show that the physician was at fault. The diagnosis, treatment, follow-up, referral and organization of care are examined for conformity with the medical standards applicable on the date of the event. The patient's underlying condition, an unavoidable complication and any shortcoming in the health service are assessed separately. In the defense of complication, it is also examined whether the risk was recognized in time, whether the necessary intervention was carried out and whether the patient was adequately informed. [1, 7–8]
Under private law, a breach of contract and a tort may lead to different results in terms of proof and limitation. In a tort claim, the proof of loss and fault arises under Article 50 of the Turkish Code of Obligations No. 6098 (TBK), whereas in a breach of contract, TBK Article 112 contains a specific rule on the debtor's proof of absence of fault. Even so, the patient must specify which duty was breached, the loss suffered and the proper causal link. In public service, fault in the establishment and operation of the service is also examined. [1, 3]
Where several health institutions were involved in the process, this does not mean that all hospital costs incurred before death must be charged to the last institution where care was sought. The link between each intervention and the loss is examined separately. A defense that the patient did not follow instructions or refused treatment does not, in the abstract, remove liability; the content of the information provided, the effect of the conduct on the loss and the concrete circumstances are evaluated. [1, 8–9]
Which Losses Can Be Claimed When Death Results from Medical Malpractice?
Funeral Costs and Losses Arising Before Death
TBK Article 53 counts funeral costs among losses arising from death; where death did not occur immediately, treatment costs and losses resulting from the reduction or loss of working capacity are also counted as losses arising from death. In a case where treatment was prolonged, documents relating to intensive care, necessary transport, care and the period away from work should therefore be preserved. The connection of the expense to the event, its necessity and the person who bore it must be explained. [1]
The transfer by inheritance of the patient's pecuniary claims arising during his or her lifetime and the relatives' own loss-of-support claims rest on different legal grounds. The person who actually bore the funeral costs, the person who claims by inheritance and the person who has lost support may not be the same. A petition that merely states "all of the family's losses" should be replaced by a statement identifying each claim, its holder and its legal basis.
Compensation for Loss of Support and the Distinction from Inheritance
Compensation for loss of support is not the equivalent of a share of the estate. It rests on the loss of the regular support that the deceased provided or, in the ordinary course of life, would have provided. Being an heir does not by itself entitle every heir to the same amount of support compensation. A person who is not an heir may also claim, by showing a genuine support relationship. Support may take the form of regular money transfers as well as household work, care and other services of economic value. [1, 11]
For a spouse, child, mother and father, the nature of the relationship, whether they lived together or apart, and their education, employment and needs are assessed. For the death of a child, future support may also come into consideration; however, the calculation cannot be built on the same assumptions for every child. A profession or high income that does not yet exist should not be treated as certain earnings without a concrete basis. The duration and shares of support are justified for each claimant. [11]
Decision of the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) dated May 20, 2025, E.2024/3997, K.2025/2899, concerns a death dispute arising from postpartum bleeding and a delay in referral. The Chamber accepted the presumption that children support their mother and father and, on the grounds of the breach of the duty of care established in the expert reports and other reasons, upheld the regional court of appeal's decision. The decision is a real medical malpractice example in which claims for support arising from the death of a person without paid employment were examined. This result does not mean that every relative automatically obtains compensation in every event. [7]
Which Documents Matter in Calculating Death Compensation?
Wage slips, bank records, tax and professional documents of the supported person are considered together with civil registry, education and employment records of the claimants. Where regular assistance was not made through money transfers, the shared household arrangement and the provision of services may be explained with appropriate evidence. In Erkan Yılmaz's study, it is also emphasized that, for the support calculation to be sound, the net income that can be projected must be determined from actual or concrete data. [11]
The deceased's entire income is not distributed directly to the family. The deceased's own living expenses, the shares of support and the duration of the support relationship are taken into account. The defenses that "there was no support relationship", "the income was overstated" or "the period of support has ended" must be answered with documents specific to the file. Compensation is not calculated by multiplying the number of persons in the family by a fixed amount.
The Patient's Pecuniary Compensation Rights in Cases of Permanent Disability
Treatment Costs and Future Treatment Needs
Under TBK Article 54, treatment costs, loss of earnings, reduction or loss of working capacity and the impairment of economic future are separate heads of loss. Expenses for surgery, physiotherapy, rehabilitation, medication and medical devices that aim to remedy the effect of the faulty intervention may be assessed to the extent they are linked to the event. A refund of the fee for the initial procedure does not arise automatically in every adverse outcome; the nature of the contract, the performance of the service and the conditions of the relevant claim are examined separately. [1]
For future expenses, existing invoices alone may not be enough. Which treatment is necessary, how often it will be applied, the renewal period of a device and the cost of its maintenance must be explained in a medical report. For example, buying a prosthesis once and replacing it at set intervals over a lifetime are not the same calculation. Treatments whose application is uncertain or only a possibility cannot be written as definite future expenses. Where the exact amount of loss cannot be fully proven, the judge has discretion under TBK Article 50(2). [1]
Temporary Loss of Earnings and Permanent Loss of Working Capacity
Earnings that cannot be obtained during the recovery period differ from a permanent loss of working capacity. For a temporary loss, the period in which work could not be done and the real economic effect during that period are examined; for a permanent loss, the effect of the lasting loss of function on working life and economic future is investigated. The same period and the same loss must not be calculated twice under two different headings. [1]
The disability rating alone does not determine the amount of compensation. The patient's age, profession, income, loss of function, the period of temporary incapacity for work and the legal purpose of the report are important. The claim of a child without paid employment, of a person working at home or of a retiree cannot be set aside merely because there is no payslip; the concrete economic effect must be explained. A functional loss that makes it harder to carry on a profession should not be assumed to produce the same result as the general disability rate. [1, 8–9]
In the Council of State's 10th Chamber decision (Danıştay 10. Dairesi) dated January 14, 2025, E.2024/3260, K.2025/141, it was established that an incorrect disability regulation was applied in a report concerning a patient who was injured by falling from height in a hospital. The Chamber reversed the decision, pointing to the regulation applicable in view of the date of the event and the patient's insurance status. The decision also considered the patient's own conduct in relation to the harm. This decision shows that not every disability report can be carried directly into every compensation case; the reversal should not be read as a final award of compensation. [9]
Caregiver Costs and Care Provided by Family
The need for care may be temporary, partial or permanent. The report should state which daily tasks the patient cannot perform, how much help is needed each day and whether this need can be linked to the medical intervention. Deriving the care need automatically from the disability rate may produce an erroneous result, particularly in a lifetime cost calculation. The care need that existed before the event and the additional need created by the event must be separated. [1, 8]
The fact that relatives actually provide care does not show that the care has no economic value. However, a lifetime full-time care calculation cannot be built on a family member's statement alone that "I look after the patient". The medical necessity, duration and intensity of the care, and the basis of the calculation must be explained. If a relative's own loss of earnings is also claimed, the legal basis of that claim and whether it overlaps with the patient's care cost are examined; the two claims are not automatically added together.
In the 3rd Civil Chamber of the Court of Cassation decision (Yargıtay 3. Hukuk Dairesi) dated June 24, 2025, E.2024/2538, K.2025/3513, the subject was the follow-up process after neonatal jaundice and a claim of permanent harm. In a dispute where the caregiver cost and the disability compensation were calculated separately and an earlier temporary payment was taken into account, the Chamber upheld the decision on the basis of reports that permitted review and the procedural regime at the date of the case. The amounts in that decision do not create a tariff for today's files. The statements on the uncertain-claim action must also be read together with the 2026 amendment described below. [8]
Can the Patient and Relatives Claim Non-Pecuniary Damages?
A patient whose bodily integrity has been harmed may claim non-pecuniary damages under TBK Article 56(1), depending on the circumstances of the event. Persistent pain, the effects on daily life, the long course of treatment and the mental distress the person has experienced are assessed in the concrete case. Non-pecuniary damages are not calculated by adding a fixed percentage to the pecuniary loss. [1]
In cases of death or serious bodily harm, relatives may also have their own right to non-pecuniary damages. Under TBK Article 56(2), kinship alone is not sufficient; actual closeness, emotional bond and the effect of the event on the person are important. A temporary discomfort of a surviving patient does not give every relative an automatic right to claim. The nature of the serious bodily harm and its consequences for the relative must be explained. [1]
The claims of the patient, the spouse and the child are different claims. Even where they are asserted in the same petition, the amount and reasons for each are shown separately. Failure to qualify for support compensation does not mean that non-pecuniary damages will necessarily be rejected; the conditions of these claims are different.
How Is Malpractice Compensation Calculated?
The Roles of the Medical Report and the Calculation Report
The medical expert examines specialist questions such as the appropriateness of the intervention, causation, permanent loss, recovery and need for care. The actuarial expert uses these data together with income, age and the support relationship to set up the monetary calculation. The court determines legal liability and whether the claim is upheld. A high calculation result does not by itself prove that the requirements of fault and causation are met. [1–2]
| Claim | Basic data of the calculation | Point to check |
|---|---|---|
| Loss of support | Net income, shares of support and their duration | The support relationship of each claimant |
| Permanent loss of working capacity | Age, profession, income and a suitable report | Link to the event and correct application of the regulation |
| Care and future treatment | Duration, frequency and cost of the need | Medical necessity and duplicated expenses |
| Non-pecuniary damages | Seriousness of the event and personal effects | Each person's own claim and reasons |
The life table, earnings period, growth rate and discount method used in an actuarial report must be stated clearly. Naming TRH 2010 or another table without more does not mean that the calculation has been reviewed. Assumptions specific to traffic insurance must not be carried into a malpractice dispute without reasons. The period covered by actual income data and the forecasts about the future must be kept apart, and it must be possible to trace why each piece of data was used. [11]
How Are Social Security and Insurance Payments Treated?
TBK Article 55 provides that social security payments that are wholly or partly not subject to recourse, and payments that do not serve the purpose of performance, are not deducted from the support and bodily harm calculation. A general conclusion such as "SGK has paid, so the right to sue has ended" therefore cannot be drawn. The type of payment, the loss for which it was made and its recourse character are examined. On the other hand, the same loss may not be collected twice. [1]
If the physician has liability insurance, the scope, period and limit of the policy are also examined separately. The patient's calculated loss and the contractual payment limit of the insurer are not the same. The insurer's limit of liability does not limit the entire debt of the other responsible parties to the same limit. The Court of Cassation's decision E.2024/3997, K.2025/2899 also states that the liability of the insurance company is limited by the policy limit. [7]
Interest After the 2026 Amendment and Offsetting of Prior Payments
Law No. 7589, which entered into force on July 31, 2026, added two significant provisions to TBK Article 55. For loss of working capacity and loss of support, statutory interest runs from the date of the event on the amount calculated for the period in which earnings are known, and from the date of the decision on the amount relating to the period in which earnings cannot be known. This special rule is not a general interest rule applied in the same way to all treatment costs and non-pecuniary damages. [1, 5]
Payments made for the same losses before an investigation (tahkikat) for performance begins are provided for as an offset in proportion against the compensation amount determined on the date of payment. Accordingly, an early payment should not be treated as a simple figure to be deducted nominally from the final amount; the date of payment and the loss calculation as of that date must be determined. [1]
The transitional provision is decisive: under provisional Article 1/9 of Law No. 7589, the amendment to TBK Article 55 applies to torts or harmful events occurring after its entry into force. For earlier events, the former provisions continue to apply. Filing a new lawsuit does not automatically bring an earlier event under the new interest regime. In addition, because the method of determining the statutory interest rate under Article 1 of Law No. 3095 has also changed, it is not correct to apply an old fixed percentage to all periods; the rate for each relevant period must be determined separately. [5–6]
How Should Evidence Be Prepared in a Compensation File?
The file should contain medical records together with economic records. Relying only on a discharge summary (epikriz) may not be sufficient to show the timing of the intervention or the scope of the need for care. Requests for records and the responses to them should be kept; documents that cannot be obtained should be requested from the relevant institutions during the lawsuit. [2–3, 10]
| Group of documents | Main examples | Issue it will clarify |
|---|---|---|
| Medical process | Examinations, surgery, anesthesia, follow-up, tests and referral records | Intervention, timing and causation |
| Function and care | Health board report, rehabilitation and care assessment | Permanence, duration and need for assistance |
| Economic situation | Payslips, tax, bank, professional and education records | Actual income and support relationship |
| Expenses and payment | Invoices, device quotations, insurance policies, payments and settlement documents | Scope of the loss and possible offsetting |
In the individual application decided by the Constitutional Court (AYM) in Nihari Kaya and Others, Application No. 2022/2450, on February 17, 2026, the Court examined gaps in records in a lawsuit concerning death and a proceeding lasting more than twelve years. The AYM found a violation of the procedural dimension of the right to life; it found the complaint on the substantive dimension inadmissible because ordinary remedies had not been exhausted. The 330,000 TL in non-pecuniary damages awarded jointly to the applicants relates to the procedural violation; it is not the definitive amount of support loss arising from malpractice. [10, §§30–44]
The importance of this decision for file preparation is that the timely collection of records and a clear statement of each claimant's claim affect the course of the process. The consequence of missing records is assessed on the facts of the specific case; each missing document does not automatically create fault or a particular compensation amount.
Against Whom and Under Which Procedure Is the Action Brought?
Distinguishing Public Hospitals from Private Health Facilities
For a loss arising from public health service, a prior application to the administration to which the service belongs is followed by a full remedy action (tam yargı davası) in administrative courts. A Ministry of Health hospital and a public university hospital may not have the same defendant. The word "university" or "city hospital" on the hospital's signboard is not sufficient; the legal entity providing the service and the relevant activity must be identified. [3]
For private hospitals and physicians, the civil courts have jurisdiction. In disputes that are consumer transactions, the consumer court applies, subject to the exceptions in Article 73/A of Law No. 6502 on Consumer Protection and the requirement of mandatory mediation as a condition precedent to litigation. Claims by relatives in their own right, or direct claims against an insurer, require a separate examination of the parties and the legal relationship. A malpractice file should not be directed to a single type of court by default. [2, 4, 7]
A criminal complaint and a compensation lawsuit serve different purposes. It should not be assumed that a criminal conviction is required before compensation can be sought; the civil judge makes its own assessment under TBK Article 74. Waiting for the criminal process does not automatically preserve the deadlines for compensation claims and lawsuits. [1, 3]
If the Loss Is Not Yet Final and the Calculation Later Increases
In newly filed actions, reliance should not be placed automatically on former Article 107 of the Code of Civil Procedure (HMK). Law No. 7589 repealed the article regulating the action for an indeterminate claim. HMK Article 109(4) provides that where part of a divisible claim is sued, the claim may be increased once in the same action, until the end of the investigation, without being subject to the prohibition on extending the claim. For the part increased in this way, the limitation period is deemed to have been interrupted at the date the action was filed. [2, 5]
Under provisional Article 1/10, former Article 107 continues to apply to actions filed before its repeal. Therefore, the explanation on indeterminate claims in the 2025 Court of Cassation decision cannot be transferred as the procedure for every current action. Before any increase is made, the filing date, the type of action, the procedural steps already completed, the claim items and the fee must be checked together. Because of the issues concerning the indivisibility of non-pecuniary damages, it should also not be assumed that this rule on the pecuniary claim applies automatically to the non-pecuniary claim. [2, 5, 8]
In administrative litigation, the one-time increase of the amount until the final decision under Article 16(4) of the Administrative Procedure Law (İYUK) also applies separately. An increase does not mean that a new right holder or a different claim not raised at the outset is added to the action automatically. In private law files where treatment and care costs are urgent, a temporary payment may also be requested under TBK Article 76, subject to the conditions of credible evidence and economic necessity; such a payment is not granted automatically. [1, 3]
What to Note About Limitation Periods and Application Deadlines
In private law, TBK Article 72 provides for a limitation period of two years for tort claims, counted from the date on which the loss and the person liable to pay compensation became known, and in any event ten years from the act; longer criminal limitation periods are reserved where applicable. For claims based on a mandate contract, the five-year period in TBK Article 147(5) comes into consideration. The nature of the hospital contract, the different grounds of liability and the moment when the claim becomes due must be assessed separately; a single period cannot be declared for all files. [1]
For losses arising from an administrative act, under the Administrative Procedure Law (İYUK) Article 13, the application to the administration must in principle be made within one year from the date the act and the loss became known, and in any event within five years from the date of the act. After an implied refusal, which occurs when the application is rejected or when there is no answer within thirty days, the general period for filing an action is sixty days. When the knowledge arose and when the loss became apparent later must be assessed according to the file. [3]
Waiting for a disability report, submitting a complaint to the public complaints system (CİMER) or the continuation of an internal hospital inquiry does not mean that the time limits stop of their own accord. The dates of the event, the loss, knowledge, application and notification should be recorded separately. Where there is difficulty in paying litigation costs, the conditions for legal aid are assessed; the consequences of filing the action for court fees, expert fees and the opposing counsel's fees should also be clarified at the outset. [2–3]
Conclusion
An effective compensation claim for malpractice resulting in death or permanent disability rests first on establishing liability and causation, and then on calculating the losses separately for each claimant. The support relationship, permanent functional loss, need for care and future treatment costs must be explained with concrete documents. Non-pecuniary damages claims must also be built on the situation of the patient and the relatives themselves.
When a file is being prepared, the dates of the event and of the case should be examined together. The transitional provisions of the interest, offsetting and procedural rules changed in 2026 directly affect how earlier decisions apply to current events. An accurate report, a clear statement of the relief sought and a timely application are the basis for the calculated loss to be examined before the court.
Frequently Asked Questions
In a death caused by medical malpractice, can only heirs bring an action?
No. A claim for loss of support rests on a support relationship that is independent of inheritance. A person who is not an heir may also prove the necessary conditions. Support compensation is not automatically awarded in the same amount to every heir.
If the patient does not work, can he or she not claim pecuniary damages?
The absence of paid employment does not remove all pecuniary losses. Concrete losses relating to treatment and care needs, working capacity and economic future are examined separately. Assumptions about income and loss must be reasoned.
If the patient is cared for by family, can a caregiver cost be claimed?
The economic value of family care may be assessed. The medical need for care, its duration and scope must be explained by a report, and the same expense must not be claimed twice. A claim is not automatically reduced to zero merely because a family member provides the care.
In what circumstances can the patient's relatives claim non-pecuniary damages?
Under TBK Article 56(2), in cases of death or serious bodily harm, a claim may be raised according to the kinship relationship and the effect of the event on the person. The reasons and the amount requested by each relative must be stated separately.
Does the disability rating in a report show the definitive compensation amount?
No. The rate is evaluated together with the applicable legislation, the link to the event, age, profession, income and other heads of loss. A medical report and a monetary calculation report have different functions.
Does the new 2026 interest rule apply to old events?
The interest and offsetting rules added to TBK Article 55 contain a transitional provision based on the date of the event. The fact that a new lawsuit has been filed is not sufficient. In addition, the periodic rate of statutory interest and the questions of when interest starts are separate matters.
If the amount of compensation is not known, is an action for an indeterminate claim still filed?
HMK Article 107 was repealed on July 31, 2026, and a transitional provision applies to earlier actions. In a new file, for a divisible pecuniary claim, HMK Article 109 and the conditions for increasing the amount are examined. In a full remedy action against a public hospital, Article 16(4) of the Administrative Procedure Law (İYUK) also applies.
Does the compensation amount in a court decision also apply to my file?
No. A decision is read together with the event, liability, income, age, care needs and procedural conditions. The non-pecuniary damages awarded by the AYM for the length of proceedings are not a tariff for malpractice losses.
Sources and legal bases
- Turkish Code of Obligations No. 6098, in particular Articles 49–56, 72, 74, 76, 112, 115, 146–149 and 506. Current consolidated text.
- Law No. 6100 on Civil Procedure, in particular Article 26 and repealed Articles 107, 109, 266, 281, 334 and 448.
- Law No. 2577 on Administrative Procedure, in particular Articles 2, 7, 13, 16, 20 and 31.
- Law No. 6502 on Consumer Protection, Articles 3, 73 and 73/A.
- Law No. 7589, in particular Articles 18–20, provisional Articles 1/9–10 and Article 26; RG dated July 31, 2026, No. 33326.
- Law No. 3095 on Statutory Interest and Default Interest, in particular Articles 1–2; current text of the Ministry of Justice.
- 3rd Civil Chamber of the Court of Cassation, May 20, 2025, E.2024/3997, K.2025/2899. Official UYAP full text; in particular Section V/B and the operative part.
- 3rd Civil Chamber of the Court of Cassation, June 24, 2025, E.2024/2538, K.2025/3513. Official UYAP full text; in particular Sections III–V/B and VI.
- 10th Chamber of the Council of State, January 14, 2025, E.2024/3260, K.2025/141. Official full text; legal assessment and operative part.
- Constitutional Court, Nihari Kaya and Others, Application No. 2022/2450, February 17, 2026, in particular §§30–44 and the operative part; RG dated April 30, 2026, No. 33239.
- Erkan Yılmaz, Methods and Principles Followed in Determining the Income Used as the Basis for Loss-of-Support Compensation (Destekten Yoksun Kalma Tazminatına Esas Alınacak Gelirin Tespitinde İzlenen Yöntemler ile Gözetilen İlkeler), Danıştay Dergisi (Council of State Journal), 2022, No. 154, pp. 43–85; in particular pp. 43–46 and 70. Academic commentary; it was not used as a substitute for current legislation.