The death of a patient within the scope of health tourism does not, by itself, prove medical error. The cause of death and its connection with the procedure and the follow-up process must be investigated. The priorities of the relatives are, where necessary, notifying the public prosecutor’s office, preserving the medical records and other evidence, obtaining the death documents, and arranging the transport of the remains with the competent authorities. Sending the remains to the home country, completing the autopsy report and claiming compensation are different processes; carrying them out in a coordinated way prevents loss of rights. [K1, K2, K3]
A foreign patient may die in the hospital in Türkiye, in a hotel after discharge, or after returning to their own country. The same authority, document and sequence of steps does not apply in every case. This article addresses the cross-border procedures the family faces after a death. The detailed calculation of loss of support and other damages is the subject of the 10th article of the series, on compensation for death and permanent disability.
The country where the death occurs determines the first steps
If the patient dies in Türkiye
First, the institution where the death occurred, the medical circumstances and the authority that issues the death certificate are identified. Where an unnatural death is suspected or the identity cannot be established, the notification and public prosecutor procedures under Article 159 of the Code of Criminal Procedure (CMK) come into play. The burial of a body within this scope depends on the written permission of the public prosecutor. The explanation “a complication occurred” by the hospital or the intermediary does not by itself conclude the judicial assessment. [K1]
If the family has to leave Türkiye within a short time, a reachable person, a representative and a secure channel for sharing documents should be designated. The investigation number, the public prosecutor’s office in charge, the place where the body is located and the steps expected for transport should be recorded in writing. The information given orally by the companion and the dates and times in the official records may later turn out to differ; for this reason, it is useful to document the initial statements as far as possible as well.
If the patient dies after returning to their country
The emergency health, forensic medicine and death investigation authorities of the country where the death occurred carry out the first steps under their own law. If the procedure in Türkiye may be connected with the death, the foreign authority should be given the surgery, discharge, flight, new complaint and follow-up correspondence. Separate action should also be taken to preserve the physician and hospital records in Türkiye. [K1, K4]
A death certificate or autopsy report issued in a foreign country may be important in the assessment of the Turkish authorities; however, it does not automatically replace the examination of fault and causation under Turkish law. Who prepared the report, by what method, on the basis of which records, and the completeness of its annexes are important. Where necessary, judicial assistance, translation and document verification processes are used. [K1, K4]
The fact that the consequence of an act committed in Türkiye arises abroad does not automatically prevent the application of Turkish criminal law. The connection of the act or the consequence with Türkiye is examined under Article 8 of the Turkish Penal Code (TCK) and the features of the incident. Likewise, the existence of a file in two countries does not mean that one will automatically be closed; the scope of the files and the legal relationship between them are assessed separately. [K4]
The information file the family builds at the first stage
The family is not expected to resolve every detail alone during this period. However, it is important to bring together the basic information that may be scattered among institutions. While emergency health or judicial procedures continue, priority should be given to carrying them out properly; the need to collect documents should not delay the intervention.
| Information group | Basic record to collect | Why is it needed? |
|---|---|---|
| Identity and kinship | Passport, kinship and representation documents | Determining the correct person and authority to apply |
| Treatment | Surgery, anesthesia, medication, intensive care and discharge records | Examining the procedure and follow-up process |
| Sequence of events | Complaints, calls, messages, ambulance and times of death | Investigating delay and the connection with the incident |
| Judicial procedures | Investigation number, external examination of the body and autopsy information | Following the competent authority and the reports |
| Transport and payment | Funeral company, insurance, quotations and invoices | Coordinating the transport and documenting the expenses |
It may be practical for one family member to coordinate communication. However, being the communication contact does not give authority to sign on behalf of all heirs regarding compensation or settlement rights. The representation authority and claim of each person must be determined separately. In particular, a general release signed by one relative should not be used on the assumption that it covers the rights of other persons. [K2, K5]
For what purpose is an autopsy performed and who decides?
An autopsy serves to explain the cause and mechanism of death. Just as it cannot be said that every death after surgery involves fault, a general statement in the death certificate does not end the medical liability examination either. An external examination of the body, autopsy, histopathology, toxicology and the clinical file may need to be assessed together. The competent authority and the experts decide which examinations are necessary according to the specific case. [K1]
Article 87 of the CMK regulates carrying out a forensic autopsy in the presence of the public prosecutor and the qualifications of the physicians; there is also an exception allowing it to be carried out by a single physician in case of necessity. It is possible for a physician brought by the representative or defense counsel to be present at the autopsy. A physician who treated the person during the illness immediately before death cannot be assigned as the physician performing the autopsy; he or she may be asked to be present to explain the process. [K1]
The family may communicate its cultural or religious sensitivities regarding the autopsy. However, the decision for a forensic autopsy does not depend solely on the approval of the family or the preference of the consulate. The family may make its request concrete and ask for additional examination, preservation of samples and answers to specific questions; it cannot determine the scope of the procedure unilaterally. [K1, K6]
An autopsy report and a fault report are different
A report may explain the cause of death without evaluating in detail whether the physician’s practice conformed to the medical standard. In the examination of fault, the patient’s fitness for surgery, the scope of the procedure, the recognition of the complication, the timing of the intervention, the intensive care facilities, and the discharge and travel plan are investigated separately. That an autopsy has been performed does not mean that all of these questions have been answered.
The failure to determine the exact cause in the autopsy report does not automatically lead to acquittal or automatic compensation either. Whether the examination can be completed on the basis of incomplete clinical records, samples and other evidence is assessed. The uncertainty of a report is different from the conclusion that a particular person was not at fault. [K1, K7]
Is examination completely impossible after burial?
No. Article 87 of the CMK regulates the authority to decide on exhumation for examination or autopsy. However, the passage of time, the burial conditions and the other procedures carried out may affect the value of the examination. If the body is in a foreign country, the law and authorities of that country also come into play. For this reason, the preservation of the existing evidence should not be postponed in the belief that everything can be examined again later. [K1]
How are the hospital file and the autopsy report obtained?
Access to the patient file and access to the investigation file are distinguished
Article 11 of the Regulation on Personal Health Data, concerning access to the health data of a deceased person, provides that statutory heirs may obtain data individually by submitting a certificate of inheritance (veraset ilamı). This route is incompatible with a general refusal such as “no document can be issued because the patient has died.” The usability of a foreign certificate of inheritance in Türkiye, its translation and, where necessary, its verification are assessed separately. [K8]
Not every relative is necessarily a statutory heir. On the other hand, the authority to claim compensation or to take part in a criminal investigation may not be limited to the status of heir alone. It should be stated clearly who requests which document in what legal status. If the institution gives a reason for refusal, asking for it in writing makes it easier to determine the path to follow. [K1, K2, K8]
Access to the autopsy and expert reports in the public prosecutor’s file, on the other hand, is assessed under Articles 153 and 234 of the CMK, taking into account the nature of the file and any restriction decisions. A request sent to the hospital does not mean that the report in the public prosecutor’s file will also be delivered automatically. A separate application must be made to the correct authority with the investigation number. [K1]
Which records should be requested in particular?
- Pre-operative assessment, tests, risk classification and consultations.
- Procedure and anesthesia records, medication administration charts, nursing observations and monitoring data.
- Consent forms, the language used, and translation and information records.
- Readmission, ambulance, emergency room, intensive care and resuscitation records.
- Discharge, follow-up and travel explanations, and complaints sent by the patient or relatives.
- Depending on the incident, imaging files, laboratory results, device records and referral documents between institutions.
Obtaining only the discharge summary (epikriz) may not be sufficient. The discharge summary is a summary of the process; it does not always replace the detailed records. In addition, the patient’s previous illnesses and subsequent treatment abroad should also be included in the file. Excluding documents that do not favor the allegation undermines the reliability of the examination.
How are the application to the public prosecutor’s office and investigation permission handled?
Where there is suspicion of an offense, the place of the incident, the time of treatment, the known personnel and the matters requested to be investigated may be reported to the public prosecutor’s office or the law enforcement. In the application, concrete facts should be set out rather than speaking as if a definite finding of fault had been made. A request for preservation should be submitted without delay, in particular for camera recordings, electronic monitoring data, samples and correspondence that may be lost. [K1]
For examination, diagnosis and treatment procedures within the scope of the practice of the health profession, the question of investigation permission (soruşturma izni) may arise under Additional Article 18 of Law No. 3359 and other special regulations. The scope and exceptions should be researched with respect to public, private institution and university personnel. This permission regime does not mean that the preservation of evidence is unnecessary or that a compensation action depends on the same permission. [K9]
The criminal law assessment of an allegation of negligence resulting in death differs from a compensation examination based on the contract or on service fault. The absence of a criminal conviction does not eliminate private law liability in every case. The relationship under Article 74 of the Turkish Code of Obligations (TBK) is examined together with the content of the decision and the established material facts. [K2, K4]
If a decision of non-prosecution is issued, the period for the person harmed by the offense to object under Article 173 of the CMK is, in the current text, two weeks from notification. This period should not be confused with the “15 days” seen in older sources. An objection to an investigation permission decision, on the other hand, is subject to a separate regulation and period; the legal remedies against the two decisions cannot be used in place of each other. [K1, K9]
What documents does transporting the remains abroad require?
The documentation of the death, the possibility of delivery given the judicial procedures, coffining and transport conditions, exit documents and the admission requirements of the destination country are completed together. A funeral transport company may organize the procedures; it cannot assume the authority of the public prosecutor’s office or the health authority. A flight reservation having been made does not show that the body can be released from the judicial standpoint. [K1, K3]
Articles 28 and 32–35 of the Regulation on the Construction of Cemeteries and on Funeral Transport and Burial Procedures form the basic framework for international coffining and transport documents. For transport abroad by sea, air and rail, the funeral route permit and the funeral transit permit are assessed together with the relevant health and border procedures. The distinction between countries with an agreement and other countries is also important. [K3]
| Document or procedure | Basic function | Distinction to note |
|---|---|---|
| Death certificate and death record | Official record of the death | Not the same as the detailed autopsy report |
| Public prosecutor procedures and required permission | Coordination of the judicial examination with the release of the body | The request of the family or the company alone is not sufficient |
| Route and transit permits | Health and administrative conditions of transport abroad | The route and mode of transport matter |
| Coffining and preparation certificate | Documenting the transport conditions | The destination country and the carrier may require additional conditions |
| Consulate and arrival documents | Admission of the body and local records | The same list does not apply to every country |
For the document and procedural aspects of transport abroad, you can see our article on funeral procedures for foreign nationals in Türkiye.
Why should the United Kingdom example be explained separately?
The official guidance of the United Kingdom on a death in Türkiye specifies documents such as Formula C (Formül C) or, if it is not ready, the hospital death report, the document on the preparation of the body, and the transport permit for transport to the country. It also explains that Formula C does not show the cause of death. This list is the United Kingdom example; it cannot be applied as it is automatically to Germany, Russia or another country. [K6]
The same guidance notes the possibility of an additional death inquiry in England and Wales and that the procedures in Scotland and Northern Ireland differ. For this reason, assumptions such as “if an autopsy is performed abroad, the file closes completely” or “the consulate provides all reports directly” should be avoided. A country-specific procedure should be verified with the relevant authority. [K6]
What is the role of the consulate and the insurer?
Depending on the practice of the country concerned, the consulate may help with notification of the death, communication with the family, and information on documents and service providers. It cannot give instructions to a Turkish public prosecutor, cancel a forensic autopsy or decide the legal liability of a physician. The assistance of the consulate and the representation duty of an attorney in the file are different. [K1, K6]
If there is insurance, the policy number and the assistance contact information should be obtained early. Whether the costs of transport of the remains, burial, the companion’s journey, translation or legal expenses are covered depends on the coverage, limits, exclusions and notification conditions in the policy. It cannot be assumed that travel undertaken for planned treatment falls within a standard travel policy. A complication policy and a physician’s liability policy are not the same either.
The insurer should be asked in writing for which expenses prior approval is required and to whom the payment will be made. Invoices for urgently paid expenses should be kept; whether the statement “the transport costs have been covered” amounts to a waiver of compensation claims should be examined before signing. The details of insurance coverage are addressed separately in the 31st article of the series. [K2, K6]
What damages can relatives claim?
Article 53 of the TBK regulates funeral expenses, the treatment and loss of working capacity if the death did not occur immediately, and loss of support damages. Reasonable international transport expenses of the remains connected with the incident may also be considered if documented. Not every expenditure is automatically compensated merely because it was incurred after the death. Necessity, amount and the connection with liability are examined. [K2]
A claim for loss of support is based on a support relationship; it is not merely the distribution of inheritance shares. A person who is not a statutory heir may also have this claim if the conditions are met. The non-pecuniary damages of the relatives of the deceased are assessed separately under Article 56 of the TBK. It is not correct to combine the claims belonging to the deceased’s own assets and the direct damages of the relatives in the same item. [K2]
The wage and support arrangement in the foreign country, tax or employment documents, the care relationship and the currency should be made concrete. If an insurance or social security payment is made in another country, its nature and its effect on the compensation calculation are examined separately. That a payment is in foreign currency does not mean that it is sufficient to multiply that amount directly by some exchange rate. [K2, K5]
For claims in cases of death and permanent disability, you can also see our article on compensation for death or permanent disability due to physician error.
What lessons do decisions on death cases provide?
The Constitutional Court (Anayasa Mahkemesi) has stated that a complication explanation does not remove the need for a detailed examination
In its Beste Sığak and Others decision, Application No. 2019/3627, November 16, 2021, the Constitutional Court examined compensation proceedings concerning a death after an endoscopy. A violation of the procedural limb of the right to life was found because questions such as when the damage to the esophagus was noticed and the effect of the procedure on the death were not answered in a concrete, scientific and detailed manner. It was decided that the file be sent to the relevant administrative court for retrial. [K7]
This decision does not mean that a particular physician was found guilty or that all death damages were calculated by the Constitutional Court. Its importance for this article is that the word “complication” does not make up for an incomplete reasoning. The questions on the autopsy, the clinical records and the subsequent intervention must be answered.
The Anne Towlson report in England shows the problem of cross-border records
The coroner’s report on preventing future deaths concerning Anne Towlson, dated February 10, 2025, deals with the case of a person who died in her own country after cosmetic surgery in Türkiye. The report sets out concerns about obtaining records, the time of decision for a procedure added later, risk information and follow-up after return to the country. The cause of death could not be determined with certainty; in the inquiry, the conclusion that the surgery caused or contributed to the death was reached on the balance of probabilities. [K10]
This document is not a malpractice compensation decision that binds Turkish courts; it is an official prevention report prepared within the scope of the death inquiry in England. The practical need it shows for the Turkish file is that the records in the two countries be brought together without delay, and that the discharge and follow-up process be investigated as much as the initial surgery.
Legal route, time limits and representation from abroad
Claims arising from a relationship that is a consumer transaction with a private hospital or physician and full remedy actions based on a public health service are subject to different judicial paths. The liability of an insurer, an intermediary or a foreign organizer is also determined separately. Instead of naming only a clinic brand as defendant, the legal roles of natural persons and legal entities need to be identified. [K5, K11]
In private law, for a tort, Article 72 of the TBK provides basic periods of two years from the date of learning and ten years from the act, and the possibility of a longer criminal statute of limitations; in contracts, different provisions apply depending on the nature of the relationship. For claims arising from an administrative act, Article 13 of the Administrative Procedure Law (İYUK) provides for an application to the administration within one year from the date of learning and in any case within five years from the act. The scope of learning, the later discovery of medical damage and the date of the incident must be assessed specific to the file. [K2, K11]
The period for filing an action if no response is given to the administrative application within thirty days, or in case of refusal, is calculated separately. The fact that an autopsy or a criminal file is awaited does not automatically suspend all other periods. Whether mediation is required should also be determined by the type of action and the exceptions. [K5, K11]
The family may give a power of attorney from abroad. The place of issue, the need for an apostille or other certification, translation, and the requirement of special authority for settlement, release or waiver are checked. If there are different rights holders in the same family, authority and possible conflicts of interest are taken into account for each. The person who does not know Turkish should be enabled to learn the true meaning of the document he or she signs. [K5]
For other disputes in health tourism, see the articles on the malpractice and compensation guide for foreign patients, misleading advertising and treatment promises in health tourism and errors in IVF treatment; for files in Türkiye, see the page on medical malpractice and physician error cases.
Conclusion
Effective pursuit of rights after a death in health tourism is not limited to arranging the transport of the remains. Investigating the medical cause of death, preserving the records, determining the status of the relatives and tracking the time limits separately must be carried out together. There is no need to choose between the family’s ability to return to its country and the depth of the investigation; both needs can be met through proper representation and coordination between institutions. Liability, in turn, is not determined in advance from the existence of the death but on the basis of the evidence that explains the procedure and the follow-up process.
Frequently Asked Questions
Is a death after surgery necessarily malpractice?
No. The cause of death, the medical standard, consent, follow-up and causation are investigated. The realization of an ordinary risk must be distinguished from a preventable error or a late intervention in a complication. [K2, K7]
If the family does not wish it, can the forensic autopsy be left unperformed?
A forensic autopsy does not depend solely on the consent of the family. It can be performed when the competent authority considers it necessary. The family may communicate its sensitivities and examination requests; it does not remove the decision unilaterally. [K1]
Should we request the autopsy report from the hospital?
Hospital records are requested from the hospital; an autopsy report within an investigation is requested from the judicial authority where the file is located, within the applicable access rules. The same application may not cover all documents. [K1, K8]
Does Formula C show the cause of death and the physician’s fault?
No. A death record certificate is not a detailed autopsy or a fault assessment. The relevant report and clinical records are needed for the medical cause and liability. [K6]
Should a document waiving compensation be signed for the remains to be sent?
The health and judicial permissions for the transport of the remains and the waiver of private law claims are different matters. A general release offered by a company should not be treated as a mandatory official document for the transport; its content and legal basis should be examined separately. [K1, K2, K3]
If the patient died in their own country, can no application be made in Türkiye?
It can. An allegation of a connection between the procedure or follow-up in Türkiye and the death can be investigated. The records in the country where the death occurred and the procedures of the competent authorities should be brought into the Turkish file in the appropriate manner. [K1, K4]
Can a relative who is not a statutory heir have a right to compensation?
They can. Direct damages arising from a support relationship and kinship are different from heirship. The claim of each person is assessed separately under the relevant statutory conditions. [K2]
Does the consulate cover the cost of transporting the remains in every case?
Such a general obligation cannot be assumed. The consular service, insurance coverage and any other assistance possibilities should be researched according to the country and the situation. The scope of the expense to be paid should be clarified in writing beforehand. [K6]
What is the period for objecting to a public prosecutor’s decision of non-prosecution?
Under Article 173 of the CMK, it is two weeks from notification for the person harmed by the offense. The periods for other decisions, such as an investigation permission decision, are different. The date of notification and the type of the decision should be checked together. [K1, K9]
Sources and legal bases
K1 — Law No. 5271, Code of Criminal Procedure; in particular Arts. 86–89, 153, 158–160, 172–173 and 234. Current official text.
K2 — Law No. 6098, Turkish Code of Obligations; in particular Arts. 49, 53–56, 72, 74, 112, 115, 146–147. Current official text.
K3 — Regulation on the Construction of Cemeteries and on Funeral Transport and Burial Procedures, Official Gazette January 19, 2010, No. 27467; in particular Arts. 21–23, 28 and 32–35. Initial text published by the Ministry of Health, amendment of January 19, 2013, No. 28533; including the death certificate and the terminology of Art. 34. The transport provisions have been assessed together with their amendments.
K4 — Law No. 5237, Turkish Penal Code, in particular Arts. 8 and 85; Law No. 6706 on International Judicial Cooperation in Criminal Matters. Law No. 5237, Law No. 6706.
K5 — Law No. 6100, Code of Civil Procedure, in particular Arts. 74, 199, 223–224 and 400; Law No. 6502, Arts. 73–73/A; Law No. 5718, in particular Arts. 20, 26 and 40. Law No. 6100, Law No. 6502, Law No. 5718.
K6 — Foreign, Commonwealth & Development Office of the United Kingdom, “When someone dies in Turkey”, last updated July 27, 2026. Country-specific practice guidance; it has not been generalized to all countries. Official guidance.
K7 — Constitutional Court, Beste Sığak and Others, Application No. 2019/3627, November 16, 2021; in particular §§45–52 and the holding. Official decision record, full text of the decision as read, login may be required.
K8 — Regulation on Personal Health Data, Art. 11; Personal Data Protection Authority (KVKK), decision No. 2021/241 of March 18, 2021, summary, access to the data of a deceased person and the distinction from heirship. Official statement of the Authority.
K9 — Law No. 3359 on Basic Health Services, Additional Art. 18; Law No. 4483 on the Prosecution of Civil Servants and Other Public Officials, relevant scope and objection provisions. 3359, 4483.
K10 — Coroner I. Thistlethwaite, Anne Towlson, Prevention of Future Deaths Report, February 10, 2025, report 2025-0116. Not a Turkish compensation judgment. Report published by the judicial body.
K11 — Administrative Procedure Law No. 2577, in particular Arts. 7 and 13. Current official text.