The questions below offer a general framework on patient rights, the health tourism license, the treatment contract and health advertising. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–5 of 5 questions
How are patient rights and remedies assessed in a health dispute?
A patient has the right to access medical records, to obtain information, to consent or, under the conditions set by law, to refuse, and to apply on the basis of an alleged violation of rights.
The Patient Rights Regulation governs the patient’s rights to request information, to review records, to privacy, to be informed and to give consent. Depending on the specific case, the procedures for applying to the health institution’s patient rights unit, administrative authorities and the relevant professional bodies may be used. These do not automatically replace a judicial claim for compensation or a criminal complaint. In claims raised on account of a service at a public hospital, the conditions of an administrative application and a full remedy action are examined separately, while in private institutions the possibility of the ordinary courts may arise. Correct legal characterization of the claim from the outset is decisive in terms of jurisdiction, time limits and proof. Taking into account the confidentiality of health records, only the necessary documents should be shared.
Is an ordinary health license sufficient for a clinic engaged in health tourism?
Not always; special authorization rules and rules on intermediary institutions relating to international health tourism may come into play.
The relevant regulations, the facility authorization certificate, relationships with intermediary institutions and limits on promotion should be examined as in force on the date of the transaction. Admitting patients from different countries may also give rise to personal data and insurance obligations.
Which language should be used in a treatment contract with a foreign patient?
Clear information and valid consent should be the basis; if there is no language proficiency, an appropriate translation should be provided.
It should be documented that the patient has understood the risks, the fee, the treatment plan and possible complications. A translation of the contract and actual understanding of the medical disclosure do not substitute for each other.
Can before-and-after photos be used freely in health tourism advertisements?
No; special regulations on the promotion of health services and personal data rules impose limits.
The existence of the patient’s consent does not automatically lift the advertising ban and other mandatory rules. Social media posts, sponsored advertisements, reviews and images should be assessed within the framework of the relevant current regulation.
Can a health tourism patient file a compensation lawsuit in Türkiye?
An application in Türkiye may be possible within the framework of the parties to the dispute and the rules on jurisdiction.
The contract, the health file, the foreign element, the applicable law, subject-matter competence and jurisdiction, and mandatory preliminary application requirements are assessed. The fact that treatment took place in Türkiye does not automatically resolve every legal issue.