Legal Liability in Malpractice Cases: Physician Insurance, Informed Consent and Complications

What Is the Basis of Legal Liability in Malpractice Cases?

A physician may have carried out a medical procedure in accordance with scientific standards, the hospital may have provided the necessary equipment, and no technical error may have been made during surgery. 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. Performing a procedure in line with the medical standard does not mean that the other legal obligations have been fulfilled automatically.

The opposite 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 procedure, the harm and the adequate causal link, fault, and the nature of the alleged breach. Indeed, there are also decisions of the Council of State (Danıştay) in which it did not accept liability for compensation where the complication was managed properly and no service fault could be shown. 4

There are areas that must not be confused in a liability review: conformity with the medical standard and professional care; informed consent, which secures the patient's right to decide about his or her own body; timely diagnosis and follow-up of a complication; the organization of the healthcare institution; where applicable, the result specifically undertaken in an aesthetic procedure; and the adequate causal link between the harm and the breach. The competent court, the basis of liability and the rules of proof may differ between public and private healthcare services. For this reason, an expert report that merely finds that "the surgical technique was appropriate" does not mean that all aspects of legal liability have been assessed. 5 8 9 15

For this reason, the examination of a dispute cannot be limited to the operative note. From the first patient consultation to contact after discharge, it is necessary to consider together what information was given by whom, which decision was taken for what reason, and what the records prove.

What Does a Physician's Compulsory Professional Financial Liability Insurance Cover?

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 health institutions, private health institutions or independently. The taking out and sharing of premiums are subject to different rules depending on the institution of employment. A physician's policy is not a general business insurance covering all the activities of a hospital or a medical tourism intermediary. 1

This insurance secures certain compensation claims relating to allegations of legal liability arising from 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 healthcare institution is deemed to be without fault, nor that every claim asserted by the injured party will be accepted.

Per-event coverage limits from November 1, 2025

The maximum coverage amounts per event under the tariff set by the amendment of August 7, 2025 and in 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 pecuniary damages, non-pecuniary 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 make unlimited payments for each claim, or that TRY 9,000,000 will be paid for every event. The date of the event, the policy period, the applicable tariff and any additional coverages must be checked separately. 2

The relationship between time, claim and notification in insurance

The General Conditions build a special structure that essentially gives weight to the period in which the claim is asserted: coverage for claims relating to certain professional activities prior to the policy is subject to conditions such as a ten-year retroactive framework, the starting limit of July 30, 2009, and an uninsured period longer 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. It is also important that information and documents learned about a lawsuit or criminal prosecution be given to the insurer in time. The consequence of automatic loss of coverage cannot be reached for every breach of these periods; the General Conditions, the Turkish Commercial Code and the injured party's position under compulsory insurance must be examined together in the specific case. 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. The treatment of a foreign patient in Türkiye within the scope of medical tourism and a physician's performance of a medical procedure abroad are not the same legal situation. The name of an international service does not of itself extend the geographical scope of the policy. 1

Which Legal Risks May Insurance Not Cover?

Article A.3 of the General Conditions excludes from coverage certain claims arising from acts outside professional activity, activities outside the institutions' area of responsibility except for the exception 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 have recourse against the insured: events caused intentionally, activities carried out under the influence of alcohol or drugs, and endorsements that were not notified. 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 adequate 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 as to time?

• To what extent are the per-event and total contract limits sufficient for pecuniary and non-pecuniary damages and litigation costs?

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

• Were notification to the insurer, the organization of the defense and settlement steps carried out 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 on settlements made independently of and without the approval of the insurer, and on 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 under compulsory insurance law. 1

Informed Consent Is Not Merely a Signed Form

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

The problem in practice is having all patients sign the same general form and then treating that signature as conclusive evidence covering every procedure. Whether the patient-specific risks were explained gains importance especially in high-risk procedures or those where result 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 dated October 10, 2023, E. 2023/863, K. 2023/2620, the 3rd Civil Chamber of the Court of Cassation (Yargıtay) held that characterizing a medical event as a complication does not remove the duty to inform; it assessed the position of the defendant healthcare institution as to proof of the information given, and found the award of compensation proper on the merits in a file in which there was no consent record. 8

In its decision of the 10th Chamber of the Council of State (Danıştay) dated February 25, 2025, E. 2021/3712, K. 2025/1140, the rejection of the claim for non-pecuniary damages without investigating pre-operative informed consent was likewise not found lawful; while the rejection of pecuniary damages was upheld, the decision was quashed as to non-pecuniary damages. This distinction is important: the conditions required for a violation of the right to be informed and for compensation of bodily harm are not the same in every case. 9

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

In international medical tourism, a foreign patient's signing of a Turkish-language form may not in 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 capable of being shown in the file. Translating the procedure-specific information and the patient's understanding only a price/accommodation package are different matters.

The interpreter's role as a service provider does not completely 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

Complication, Malpractice and Complication Management Are Different

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

For example, the development of an infection after a surgical procedure does not by itself prove the physician's fault. However, the patient's dates of repeat visits, complaints, test findings, consultation requests, decisions on antibiotics and surgical treatment, and records on referral options may show that the management of the complication complied with medical rules, or may show the contrary.

In its decision dated February 15, 2024, E. 2023/1273, K. 2024/632, the 3rd Civil Chamber of the Court of Cassation upheld an award of compensation in an event connected with an infection after eye surgery in a private hospital, having assessed inadequacy in the referral organization, improper management of the complication and deficiencies in sterilization/disinfection. This decision shows that not only the individual surgical technique but also the functioning of the healthcare institution and the coordination that follows may be the subject of the proceedings. 5

By contrast, in its decision of the 15th Chamber of the Council of State dated May 30, 2016, E. 2015/9957, K. 2016/3880, it was emphasized that, since a complication without fault and a service fault could not be established in the specific case, the administration's liability to pay compensation could not be reached merely on the basis of an unfavorable outcome. The common result of the two approaches is that the word complication neither gives rise to liability in itself nor removes all legal obligations. 4

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

In many treatment relationships with a medical purpose, the physician's obligation is to act with appropriate care and in accordance with the medical standard. However, procedures that are purely aesthetic and in which the creation of a particular appearance is undertaken may, in Court of Cassation practice, be assessed within the framework of a contract for work (eser sözleşmesi), depending on the specific contractual relationship. The obligation of result in a contract for work makes the result undertaken in the patient file and the conformity of the situation that has arisen with that result a separate subject of discussion. 10

In its decision of the 6th Civil Chamber of the Court of Cassation dated December 23, 2024, E. 2023/4200, K. 2024/5071, the judgment dismissing the case was quashed on the grounds that upper eyelid aesthetic surgery and liposuction procedures 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 as to the result. A quashing decision does not directly mean that compensation has been awarded; it requires the local court to conduct a fresh examination. 10

By contrast, it cannot be said that every aesthetic procedure 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 assessed together. The contrary interpretation would disregard the scientific uncertainties of healthcare and the content of the specific contract.

Expectation management is a matter of legal proof. The statement "healing may vary from person to person" is not the same in 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, patient advisers' promises, pre-operative simulations, package offers and social media records may illuminate the contractual scope of the dispute. In dental aesthetics, hair transplantation and aesthetic procedures too, the same medical/contractual distinction must be made according to the characteristics of each procedure.

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 prohibition of explicit or implicit advertising, patient images, patient reviews, and the special conditions of medical tourism promotion directed abroad. The issue is therefore not only that a marketing statement may turn into a commitment to a result in the contract; the compliance of the promotion with the regulations 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 withdrawing permission are important. The shooting conditions and date of before-and-after photographs, their reflecting reality, the absence of later alteration of them, and the limits of the comment/re-share 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 submitted as evidence in a case file; however, how 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 a result given by the healthcare institution's marketing team may cause the case not to proceed solely on the physician's fault. Its effect in terms of insurance requires a separate examination of whether the promise in question gives rise to a compensation claim arising from the physician's professional activity covered by the policy.

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

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

The second paragraph of provisional Article 1 of the Regulation provides that existing healthcare facilities must fulfill this complication insurance obligation by December 31, 2025. This compliance period does not mean that the insurance in question is compulsory for all medical tourism procedures or that it replaces physician insurance. 3

This obligation is separate from the physician's compulsory professional financial liability insurance under Law No. 1219. Which risks, expenses, geographical and time limits and coverage exclusions the relevant complication insurance includes is examined on the basis of the policy of the specific product. Promises in a medical tourism contract concerning flights, accommodation, transfers, interpreters, revision, follow-up after the patient returns to his or her country, and retreatment are also not secured automatically merely because two insurances exist.

The liability of intermediaries may not be limited to tickets and transfers

The Regulation states that healthcare facilities and intermediaries are liable 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 an intermediary is automatically and equally liable for every medical error; the service it actually undertook, its authorization certificate, the contracts, fault, causation and the other applicable provisions are assessed. 3

The Regulation's rules on the medical tourism unit, foreign language service and patient coordination make organizational liability concrete. For this reason, the patient adviser's promises about price and results, interpretation errors, who is responsible for post-operative check-ups, information on travel safety, and records of replies to complaints from abroad are important.

Applicable law and competent court must be examined in advance

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

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

A hospital is obliged to establish appropriate equipment, sterilization, staffing, on-call duty, consultation, records, referral and emergency response organization. A disruption in any of these processes may bring the institution's liability into question even where no medical error by a single physician can be shown in the event. A deficiency in the way the service is organized and the physician's individual fault must be assessed on separate evidence.

In the decision of the 3rd Civil Chamber of the Court of Cassation dated February 15, 2024, deficiencies in sterilization/disinfection concerning patients operated on the same day and the failure to organize 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 dated February 21, 2022, E. 2019/6901, K. 2022/854, the relationship of the infection that developed in a large number of patients who underwent cataract surgery on the same day to the sterilization conditions was the subject of review. 5 12

For hospitals, aesthetic clinics, hair transplant centers, dental clinics and chain healthcare businesses, an internal quality policy consists of more than accreditation or medical device inspection alone. Audit records, the forwarding of patient complaints to the relevant unit, monitoring of complication indicators, the limits of the duties of interpreters/patient advisers 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 categories of 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 to Articles 6 and 9 of the KVKK in 2024 require an examination based on the current state of the conditions for processing and the regime for transfers abroad. 13

In Decision No. 2023/787 dated May 11, 2023 of the Personal Data Protection Board (Kişisel Verileri Koruma Kurulu), it was held that explicit consent obtained for sharing patient videos containing health data for promotional purposes could not be regarded as sufficient to overcome the sector-specific 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 in force on the date it was given; today the promotion regulation dated November 12, 2025 must also be taken as the basis. 14 11

Sending medical photographs over WhatsApp, the patient's messages during the follow-up process, staff access to images, cloud storage, AI-assisted clinical tools and remote healthcare services may give rise to separate data processing and access-control requirements. The institution must document for what purpose it uses the patient's contact details, who sees the files, and the authorization, retention, transfer and deletion operations. On the other hand, collecting unnecessary health data for the sake of evidence, or circumventing confidentiality safeguards, is not acceptable.

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

In claims of administrative liability asserted on account of a healthcare service in a public hospital, as a rule a full remedy action (tam yargı davası) against the relevant administration, service fault and, where the conditions exist, other principles of administrative liability come into play. In the relationship between a private hospital, an independent physician and a patient, on the other hand, contract, consumer law, tort or special regulations may be assessed together. Working in a private hospital does not mean that every claim against the physician falls directly within administrative jurisdiction.

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

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

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

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

In compensation claims arising from administrative acts directed at the 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 action procedure, come into play. However, the learning, the emergence of the harm and causal link, the distinction between administrative act and administrative action, the law applicable in terms of time and the procedural exceptions must be examined in the specific file. 17

In private law, on the other hand, the type of contract, tort, the insurance contract and the legal nature of the claims may lead to different limitation periods and conditions of suit. It is not correct to apply a single "malpractice limitation period" to all claims against physicians, hospitals, insurers and intermediaries. In particular, the period for notification to 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, surgery/procedure, anesthesia, discharge summary, laboratory and imaging records.

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

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

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

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

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

• Sterilization, staffing, technical equipment, quality audit, allocation of duties and incident reporting records.

These records matter not only from the claimant's standpoint 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; but it may make the dispute over proof heavier.

Risks That May Become Important in the Future: Artificial Intelligence, Telehealth and Cross-Border Follow-Up

AI-assisted triage and decision-support tools, remote assessment, digital consent, storage of health data in cloud systems outside the hospital, online patient adviser 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 in these areas will rise by any particular rate, no firm forecast can be made. Nevertheless, the data source, who made the decision, how the AI output was supervised by the physician, the limits of remote assessment, the patient's country of location and the risk of unauthorized access are concrete control topics that healthcare institutions can manage today.

Five-Step Risk Management for Healthcare Institutions

1. Policy review: Check the compulsory physician insurance for branch, period, notification, per-event/total limit, defense expense and recourse provisions; where necessary, consider separate institutional, supplementary or medical tourism policies.
2. Procedure-specific informing: Before a medical procedure, establish an information/decision process suited to the patient's condition and language, understandable and capable of being proven afterwards.
3. Complication and organization: Tie early warning, consultation, referral, on-call duty, infection control and post-discharge follow-up duties to written and workable procedures.
4. Advertising, contract and data audit: Audit the processes of patient advisers, social media, before-and-after images, price packages, interpretation, the KVKK and patient communications together.
5. Regular file and incident review: Preserve the integrity of medical records; in critical events, preserve evidence in a lawful manner and assess the obligations of notification to the insurer without delay.

Conclusion

Legal liability in malpractice cases is examined, independently of the existence of physician insurance, in terms of the medical standard, informed consent, complication management, harm and the adequate causal link. Insurance is an instrument of legal protection; it is not in itself a risk management system. The physician's applying the correct treatment, the hospital's establishing the correct organization, the patient's being informed in an understandable manner and the documentation of the service are complementary obligations. Compulsory professional financial liability insurance does not replace them, and it is not identical to medical tourism complication insurance, data protection obligations or advertising regulations.

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

Frequently Asked Questions

Does a physician's compulsory insurance pay all compensation?

No. The policy has limits as to professional activity, time, geography, and per-event and total coverage. The exclusions and recourse provisions in the General Conditions apply in addition. 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-pecuniary damages included in compulsory physician insurance?

The tariff regulates pecuniary and non-pecuniary damages within the coverage calculation. However, whether a particular claim for non-pecuniary 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

Is signing a standard consent form sufficient?

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

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

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

Is an unliked result of aesthetic surgery always malpractice?

No. The result undertaken in the specific contract and the medical process are assessed together. In events having the nature of a contract for work, whether a result in conformity with the contract has been produced is also important; subjective dissatisfaction alone does not prove all the conditions of the case. 10

Is complication insurance separately compulsory in medical tourism?

Under Article 6/1-c of the Regulation dated April 26, 2025, the healthcare facility is required to take out complication insurance for surgical and interventional procedures performed in an operating room environment within the scope of international medical tourism. This insurance is different from the physician's compulsory professional financial 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 make an advertising activity prohibited by the legislation lawful of its own accord. 11 14

Is the route of action the same for a public hospital and a private hospital?

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

Sources

1. Insurance Association of Türkiye (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 (Resmî Gazete) of July 21, 2010, No. 27648; text including subsequent 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, Regulation on International Health Tourism and the Health of Tourists (Uluslararası Sağlık Turizmi ve Turistin Sağlığı Hakkında Yönetmelik), Official Gazette of April 26, 2025, No. 32882, especially Arts. 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, Patient Rights Regulation (Hasta Hakları Yönetmeliği), especially Arts. 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), Arts. 4–5 (the convention whose approval was found appropriate 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 to the claim for non-pecuniary 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 procedures and review as to the result. Link to source

11. Ministry of Health, 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 Arts. 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 Made to the Personal Data Protection Law No. 6698, 2024; especially KVKK Arts. 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 Art. 18; current liability provisions with the amendments of Laws No. 7406 and 7496. Link to source

16. Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), Art. 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), Art. 13; application to the administration in respect of a full remedy claim arising from an administrative action. Link to source