A foreign patient who has received treatment in Türkiye may seek redress; however, the correct defendant, the applicable law, the competent court, the evidence and the time limits must each be determined separately. The fact that the patient has returned to his or her home country does not by itself end those rights. On the other hand, the fact that a procedure was carried out in Türkiye does not mean that the same law and the same route of application will automatically apply to every claim.
Health tourism disputes may involve a hospital, an independent physician, an intermediary company, an interpreter and a company providing travel services. Treatment errors, failure to keep promises, failure to deliver records and additional costs raise different legal questions. This article explains the framework for application and litigation in Türkiye; a lawsuit to be opened in a foreign country is examined separately under the law of that country.
Care received in Türkiye during a temporary stay because of a sudden illness or an emergency is addressed under separate concepts in the Regulation. Social security agreements and certain special statuses contain exceptions to the scope. For this reason, not every health service received by a foreign national is automatically part of the same health tourism package. [1]
Which parties and documents should be identified before treatment
The company with which the patient communicated through social media may not be the same as the company with which the patient signed the contract. The commercial name of the clinic, the physician who will perform the treatment, the health facility where the procedure will take place and the services the intermediary has undertaken should be clearly identified. The identity of the person who receives payment, the name on the invoice and the party named in the contract should be compared. The fact that one person conducts all communications does not necessarily mean that the same person is responsible for every medical outcome.
Authorization documents for international health tourism should be checked against official records. The Ministry of Health's list of authorized health facilities is an accessible starting point. The intermediary's authorization and the scope of its services should also be examined. An authorization document is not a guarantee that every specific treatment will be performed flawlessly or that compensation will be paid by the state. [1, 2]
The quotation should show medical procedures, physician, hospital, accommodation, transfer, translation, checks and revision conditions separately. The phrase "all-inclusive" alone does not explain whether a new operation after a complication, the return trip or all loss of income will be covered. Additional charges and the circumstances in which they arise, as well as cancellation conditions, should be understood before the procedure. Dated records of advertisements and correspondence should be kept.
Why language and informed consent are decisive
Under the Patients' Rights Regulation (Hasta Hakları Yönetmeliği), information must be understandable. A patient who signs a form in a language he or she does not understand does not by itself show that its content was actually explained. Who provided the translation, in which language and on the basis of which documents, and whether the patient had the opportunity to ask questions and make a decision, are important. The medical procedure, significant risks, alternatives and the consequences of refusing treatment must be explained. [3]
A sales conversation must be distinguished from medical information. If an intermediary has made statements such as "risk-free", "guaranteed result" or "you can fly the next day", it should be determined on whose behalf they were made. Individual medical advice on travel or follow-up cannot be replaced by a general promotional sentence. Before surgery, the patient should be able to check whether the procedure presented to him or her is the same as the initial offer.
If the patient comes to Türkiye for a different procedure and the plan changes, the medical reason, cost and risks of the change should be explained again. The fact that a decision was made under pressure from flight and hotel arrangements does not by itself invalidate all the procedures; however, the timing of the information and the conditions under which the decision was made matter in a concrete review. Payment does not replace medical consent.
What to do first when a problem arises
The first step is to obtain the necessary health care. Evaluation or treatment is not postponed for the purpose of preserving legal evidence. The subsequent physician may be asked to record the existing findings, the possible link to the earlier procedure and the reasons for the recommended treatment. The onset of the health problem, the notice given to the clinic and the answers received should be recorded in chronological order.
Before leaving Türkiye, the operation and anaesthesia notes, the discharge document, the medication list, consent forms, images, information on the implants or materials used, and invoices should be requested. A short English summary alone may not be sufficient; a copy of the complete records should also be obtained. If the findings may change in a second treatment, preservation of evidence (delil tespiti) is considered where necessary. This route does not decide the compensation claim in advance. [3, 7]
| Stage | Information to preserve | Why it is needed |
|---|---|---|
| Booking and payment | Quotation, contract, advertisement, payee | To identify the party and the service undertaken |
| Procedure | Date, physician, facility, complete medical record | To review the procedure and the information given |
| First complaint | Photographs, examination notes, messages and replies | To show the onset and the follow-up process |
| Return home | Tickets, discharge recommendation, new examination | To explain the link between travel and subsequent treatment |
| Legal application | Notifications, applications and mediation documents | To monitor time limits and procedural steps |
Article 12 of the Regulation requires a detailed breakdown of services in addition to the invoice or receipt, and free provision of certain test, imaging and drug or material documents on request. The intermediary's accommodation, transport, translation and consultancy fees should also be shown in a separate breakdown. This makes it possible to follow which services the total package price corresponds to. [1]
If the clinic does not provide the records, the request and the response should be kept in writing. The patient's right of access to data and the counterparty's data security obligation are considered together. Requesting identity verification alone is not unlawful; however, blocking access without reason should not be treated as an ordinary customer service problem.
Is the case opened in Türkiye or in the patient's country
The international jurisdiction of Turkish courts is determined under the domestic territorial jurisdiction rules through Article 40 of Law No. 5718 on Private International and Procedural Law (MÖHUK); special international jurisdiction provisions may also apply. The defendant's residence, the place where the service is provided and the nature of the contract are important. The jurisdiction provision for consumer contracts in MÖHUK Article 45 has its own scope conditions. It cannot be concluded that the same court or the same country always results merely because the patient is a foreign national. [4]
The competent court must also be determined separately. If the private health service is a consumer transaction, consumer jurisdiction comes into play. If the claim concerns a public health service in Türkiye, the status of the institution may require an administrative application and the full judicial review route. The fact that the patient lives in another country does not eliminate this public–private distinction. [5, 8]
A choice of a foreign court or foreign law in the contract is not an unlimited jurisdiction that removes all protective rules. A choice of court agreement and a choice of applicable law are not the same. Their validity must be examined under MÖHUK Article 47 and the related protective jurisdiction provisions. The possibility of applying in a foreign country is evaluated together with that country's rules on service, evidence and enforcement. [4]
Which country's law applies
Contract-based claims
Article 24 of MÖHUK is the basic provision for determining the law applicable to a contract. The valid choice of law and, in its absence, the most closely connected law are evaluated. The provision of the health service in Türkiye is an important connection; however, no automatic result is reached without examining the other elements of the relationship. Directly applicable rules and general limits such as public policy are also taken into account where necessary. [4]
For consumer contracts, Article 26 contains a special regulation. However, Article 26(4) introduces an important exception for contracts, other than package tours, where the service must be provided in a country other than the one in which the consumer has habitual residence. Therefore, the statement "the foreign patient is a consumer, so their own country's law necessarily applies" is not sufficient.
The 2025 study by Yarar and Karma, which examines a health tourist who came to Türkiye on their own and concluded a contract with an independent physician, emphasizes the importance of this exception and evaluates it through Article 24 of MÖHUK. This academic opinion should not be mechanically extended to all package tour and intermediary relationships that fall outside its scope. The package character, the country at which the advertising is directed, the manner in which the contract was concluded and the separability of the services are investigated separately. [9]
Claims based on tort
MÖHUK Article 34 distinguishes between the place where the act was committed, the case in which the damage occurs in another country, and the more closely connected law. The fact that the patient notices symptoms after returning to his or her home country does not by itself show that the damage necessarily occurred there. The initial damage, subsequent consequences and need for treatment are determined on the basis of the facts. Where contract and tort grounds are both asserted in the same file, the connecting rule for each must be explained. [4]
The choice of law and the choice of court have different consequences. A Turkish court may apply foreign law where the rules require it. Determining the content of foreign law and the need for translation should be considered when preparing the case. Completely skipping this stage on the ground that the treatment took place in Türkiye is not correct.
How far are the physician, the hospital and the intermediary liable
Article 6(3) of the Regulation ties the responsibility of the facility and of the intermediary to the type of service they offered, and addresses subsequent complications and medical malpractice within that framework. The physician's duty of medical care and information is examined separately from the hospital's organizational duty. As for the intermediary, its own contract, the information it provided, the services it selected and the coordination it undertook are important. Liability cannot be accepted automatically for every medical act merely because the intermediary referred the patient, and non-liability cannot be accepted in every case merely because it did not perform the operation. [1, 6]
For example, in a hypothetical package the intermediary may have expressly undertaken that a specific physician would perform the operation, while the patient claims that the procedure was carried out by someone else. In that case, both the content of the contract and who actually performed the intervention are examined. In another example, the intermediary may have undertaken only the hotel and transfer. These two contracts do not produce the same liability result. Such hypotheticals must be tested against documents and legislation in a real file.
Can reports and expense documents obtained abroad be used
Examination, imaging and treatment documents obtained in a foreign country may be important as evidence. The source, date and content of the documents and, where necessary, their translation should be determined. Certifying an official document and evaluating a private medical report are not the same thing; not every document is automatically subject to the same apostille requirement. The provisions of the Civil Procedure Law on foreign-language documents and foreign official documents, and the applicable international agreements, are taken into account. [7]
A foreign physician's report does not remove the medical and legal review by the Turkish court. What records the report examined, whether its author knew the earlier condition, and why it reached a particular conclusion are important. If an expert review in Türkiye finds missing records or contradictions, these should be clearly shown. The reasoning and data basis of a report matter more than the country in which it was issued.
For the cost of a correction abroad, the payment document is examined together with necessity and reasonableness. Transport, hotel, companion, loss of income and additional flight expenses are separate items. Not all costs of an extended stay are presumed to arise from a medical error. Foreign-currency debts and damage calculations are made according to the legal basis of the claim; the fact that the patient is a foreign national alone does not give a right to compensation in a particular currency or in a punitive amount. [6]
Real decision: dental treatment of a patient from Germany
Court of Cassation, 6th Civil Chamber (Yargıtay 6. Hukuk Dairesi), May 11, 2023, E.2022/747, K.2023/1785: In an action brought by a German national after three implant and twenty-one zirconia dental procedures in Türkiye, the defects of the treatment and the need for re-treatment were the subject of expert reviews. The earlier quashing required the patient's election of remedy to be clarified. The partial acceptance judgment rendered after the reversal was upheld. [10]
The decision shows that a foreign patient can seek redress in Türkiye, and that the fee, the cost of correction and other damages require a concrete assessment. However, it does not say that every travel expense or claimed daily income was accepted. Because the case was opened in 2013, the court and the former appeal rules in the decision cannot be carried directly over to a new action to be opened in 2026.
If there is insurance, are all expenses paid
Professional liability insurance and complication insurance do not have the same legal and economic function. The policy scope, time limits, notice conditions, limits, exclusions and the treatments covered must be examined. The direct claim possibility under Article 1478 of the Turkish Commercial Code (Law No. 6102, TTK) and the foreign element under Article 34(4) of MÖHUK are evaluated separately. The existence of insurance does not mean that every expense or non-pecuniary damages will be covered without limit. [4, 11]
The complication insurance provision of the health tourism regulation dated April 26, 2025 has been the subject of judicial proceedings. The Istanbul Chamber of Dentists (İstanbul Dişhekimleri Odası) announced on September 11, 2026 that the stay-of-execution decision had been lifted and that the insurance requirement for surgical and interventional procedures performed in operating-room settings within international health tourism would apply again. Therefore, the outdated information that the requirement had been suspended should not be presented as the current position. [1, 12]
This statement is a current announcement by a professional organization and should not be presented as a final ruling on the merits of the regulation. From the patient's perspective, the concrete questions are which regulation applied on the date of the procedure and which policy was provided to him or her. Notifying the insurance company does not automatically preserve the time limits for claims against other liable parties.
How the process is conducted after returning home
Many procedures can be carried out through a lawyer under an appropriate power of attorney. Whether the power of attorney is issued at a consulate or in a foreign country, and the translation and certification procedures, are evaluated according to the country, the document and the powers to be used. Personal examinations or other steps that the court considers necessary are carried out separately. The promise that "every lawsuit ends definitively without ever returning to Türkiye" is not correct.
Under MÖHUK Article 48, the question of security for costs may arise for lawsuits or proceedings brought by foreign nationals. Exemption is evaluated on the basis of reciprocity and applicable international agreements. Being a foreigner does not mean that security will always be deposited, nor that the party will always be exempt. Expenses such as translation, service of process, expert fees and opposing counsel's fees should be explained at the outset. [4, 7]
In consumer court disputes, recourse to mediation is required except for statutory exceptions; for public health services, an appropriate administrative application is considered. The different time limits under Article 72, Article 147(5) and Article 478 of the Turkish Code of Obligations (Law No. 6098, TBK) and Article 16 of the Consumer Protection Law (Law No. 6502, TKHK) are examined according to the nature of the relationship. For administrative damage claims, the framework of one year from learning of the act and five years from the act under Article 13 of the Administrative Procedure Law No. 2577 (İYUK), and the subsequent lawsuit period, are calculated separately. The date of return home does not restart all time limits. [5, 6, 8]
A settlement text should state the payment amount, currency, payment date, costs and which claims are ended. The statement that all existing and future claims are abandoned may be asserted in exchange for a treatment discount or a partial payment. It should not be signed before its language and scope have been evaluated. If no settlement is reached, the lawsuit, the legal remedies and the enforcement stages are pursued separately. If a judgment rendered in Türkiye needs to be enforced in another country, that country's rules on recognition and enforcement are examined; cross-border collection is not automatic.
Conclusion
The basis for asserting rights in health tourism is to combine a treatment process that crosses borders into a single document and event timeline. The duties undertaken by the physician, the facility and the intermediary, the applicable law, the time limits and the insurance coverage should each be determined separately. Even after the patient returns home, he or she can follow up on rights; this requires early preservation of records, documentation of expenses and applications directed to the correct addressee within the time limits.
Frequently Asked Questions
Does leaving Türkiye end the right to sue
No. However, time limits may continue to run. Representation, the records and any necessary examinations should be planned according to the concrete file.
Must a foreign patient always have their own country's law applied
No. The contract and tort rules of MÖHUK and the exception in Article 26(4) are evaluated. Nationality alone does not determine the result.
Is the intermediary company liable for every physician error
Not automatically. Its liability is examined by reference to its own undertakings, the information it provided and its participation in the service.
Can the cost of a correction treatment performed abroad be claimed
It can, if the conditions are met. The necessity of the treatment, its connection to the earlier procedure, its reasonable cost and the payment made must be shown.
Does complication insurance replace a compensation lawsuit
No. The claim under the policy and the claim for compensation against liable parties are evaluated separately; the same loss is not collected twice.
Must a foreign patient always deposit security
No. The possibility of exemption under MÖHUK Article 48 is evaluated, taking into account reciprocity and the applicable agreements.
Sources and Legal Basis
[1] Ministry of Health, Regulation on International Health Tourism and the Health of Tourists (Uluslararası Sağlık Turizmi ve Turistin Sağlığı Hakkında Yönetmelik), Official Gazette dated April 26, 2025, No. 32882, particularly the provisions on authorization and service principles. Official full text; Ministry regulations index.
[2] Ministry of Health, Department of Health Tourism, Authorized Health Facilities, list page dated October 5, 2026. Official lists.
[3] Ministry of Health, Patients' Rights Regulation (Hasta Hakları Yönetmeliği), Articles 15–18, 24 and 31. Ministry text.
[4] Republic of Türkiye, Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), particularly Articles 2, 5–6, 24, 26, 34, 40, 45, 47 and 48. Current text.
[5] Republic of Türkiye, Law No. 6502 on the Protection of the Consumer (Tüketicinin Korunması Hakkında Kanun), Articles 3, 13–16, 73 and 73/A. Current text.
[6] Republic of Türkiye, Law No. 6098 Turkish Code of Obligations (Türk Borçlar Kanunu), Articles 49–56, 72, 99, 112–116, 147, 470–478 and 506. Current text.
[7] Republic of Türkiye, Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), Articles 71–74, 223–224, 266, 281 and 400–406. Current text.
[8] Republic of Türkiye, Law No. 2577 on Administrative Procedure (İdari Yargılama Usulü Kanunu), Articles 7 and 13. Current text.
[9] Güven Yarar and Sezgin Karma, "Some Evaluations on the Law Applicable to the Physician's Legal Liability within the Scope of Health Tourism" ("Sağlık Turizmi Kapsamında Hekimin Hukukî Sorumluluğuna Uygulanacak Hukuka Dair Bazı Değerlendirmeler"), Akdeniz University Faculty of Law Review (Akdeniz Üniversitesi Hukuk Fakültesi Dergisi), 15/1, 2025, pp. 499–528; particularly pp. 518–519 and 522–523. Publication record and full text.
[10] Court of Cassation, 6th Civil Chamber (Yargıtay 6. Hukuk Dairesi), May 11, 2023, E.2022/747, K.2023/1785, particularly parts IV–VI. Official full decision.
[11] Republic of Türkiye, Law No. 6102 Turkish Commercial Code (Türk Ticaret Kanunu), Articles 1478 and 1482–1484. Current text.
[12] Istanbul Chamber of Dentists (İstanbul Dişhekimleri Odası), "Compulsory Complication Insurance in Health Tourism Is Back in Force" ("Sağlık Turizminde Komplikasyon Sigortası Zorunluluğu Yeniden Yürürlükte"), September 11, 2026, professional organization announcement. Announcement.