Damage arose after treatment
Review of allegations of wrong or late diagnosis, surgery, medication, care and follow-up against the medical records.
Review the relevant scopeMedical malpractice requires that an allegation of practice contrary to the professional standard in the course of diagnosis, treatment or care be examined together with the damage and the causal link. A treatment’s failure to produce the desired result is not, by itself, proof of error. Likewise, calling an outcome a “complication” does not in itself show that the duties of disclosure, precaution, follow-up and intervention were fulfilled.
Güneş & Güneş Law Firm provides advice and representation to patients and their relatives in the pursuit of their rights and, in separate files, in the defense of physicians and health care institutions. A conflict-of-interest check is carried out before a matter is accepted; opposing parties in the same dispute are not represented together.
Review of allegations of wrong or late diagnosis, surgery, medication, care and follow-up against the medical records.
Review the relevant scopeAssessment of the link between the death and the medical procedure, the loss of support and the claims of relatives.
Review the relevant scopeExamination of the risks specific to the procedure, the alternatives, interpreting and the patient’s opportunity to decide.
Review the relevant scopeHandling the complaint, the court-appointed expert, the investigation permit (soruşturma izni), insurance and defense on the basis of one consistent file.
Review the relevant scopeSeparating the promised scope, loss of function, the need for revision, the refund of the price and the different types of damage.
Review the relevant scopePlanning the treatment file in Türkiye, foreign documents, representation and any necessary personal attendance.
Review the relevant scopeIf you have an ongoing urgent health problem, do not delay seeking medical help. A legal assessment is not a substitute for a medical examination. Keep the documents you have without altering them; state any approaching application or objection date in your first communication.
The first decision is not made on the basis of the type of medical procedure alone. The legal status of the health care institution, the person who provided the service and the basis of the claim are determined together. Applications for compensation, criminal complaints, disciplinary matters and patient rights have different purposes and time limits.
On a narrow screen, you can scroll the table horizontally to see all the columns.
| Nature of the file | Initial review | Possible legal route |
|---|---|---|
| State hospital | The administration it belongs to, service fault, damage and the date of learning. | Preliminary application to the administration; if the conditions are met, a full remedy action in the administrative court. |
| State university hospital | The university’s status, the service relationship and the investigation procedure applicable to the personnel. | The administrative route for compensation; in the criminal process concerning the personnel concerned, a review under Article 53 of Law No. 2547. |
| Private hospital / medical center | The operator, the patient admission contract, the physician’s relationship and organizational liability. | If it is a consumer transaction, the applicable monetary threshold, the consumer arbitration committee (tüketici hakem heyeti) or mediation as a condition precedent to litigation, and the consumer court. |
| Foundation university hospital | The university’s public legal personality, the actual operator and the legal status of the health service. | The line of courts with subject-matter jurisdiction is determined according to the specific institutional relationship; it is not automatically treated the same as a private hospital. |
| Medical office / independent physician | The contract, the purpose of the service, the persons responsible and the damage. | The consumer route or another route before the ordinary courts; subject-matter and territorial jurisdiction and any preliminary application are determined separately. |
| Cosmetic procedure / commitment to a result | The therapeutic purpose of the procedure and the specific commitment; whether it is a contract for work or another type of contract. | Elective remedies suited to the relationship, and compensation; the result of every procedure is not deemed guaranteed. |
| Criminal complaint | The act, personal fault, the personnel’s status and the scope of the permit. | Application to the public prosecutor’s office; where required, the Professional Liability Board (Mesleki Sorumluluk Kurulu) or a special investigation procedure. |
| Professional liability insurance | The policy, notification, date of the claim, limit, exclusion and rights holder. | Application to the insurer; depending on its terms, the court with subject-matter jurisdiction or insurance arbitration. |
| Foreign patient / health tourism | The connection to Türkiye, jurisdiction, applicable law, intermediary and translation. | The appropriate judicial and representation route; review of the effect of foreign records and decisions. |
The Professional Liability Board’s investigation permit is assessed with regard to the criminal investigation within its scope. It is not a general precondition for bringing a compensation action. Applying to the patient rights unit, to the Presidential Communication Center (CİMER) or to the public prosecutor’s office also does not, by itself, stop all compensation and administrative action time limits. A separate calendar is needed for each route.
You can review the scope of the service by opening the heading relevant to your file. 26 topics are addressed together, from medical assessment to the preservation of the records, and from compensation and defense to insurance and international patient processes.
A complication is one of the known and accepted risks of medical science that can arise even when a medical intervention has been properly planned and carried out. Malpractice, by contrast, rests on the allegation that, in the specific case, the required care, the medical standard or a legal obligation was breached. This distinction should be made not by looking only at the name given to the outcome, but by examining the entire course of treatment.
When assessing whether a complication gives rise to liability, the following questions in particular are addressed:
Where the patient was not informed about a foreseeable risk, or the complication was not noticed in time or was not managed appropriately, the label “complication” alone does not remove liability. Conversely, not every damage that arises unavoidably despite an intervention in line with the medical standard can be regarded as physician error.
For the patient, the aim is not merely to show that an unexpected outcome occurred. A procedure or omission contrary to the medical standard, the damage, and the causal link between that conduct and the damage must be established through the medical records. An independent legal and medical preliminary review before applying makes it possible to set aside unfounded allegations and to identify the real points of dispute.
In work carried out on behalf of patients and their relatives:
If the medical assessment finds no deviation from the standard, or the causal link cannot be established, that too is an outcome that must be explained realistically. The legal process should be built not on a promise of a definite result but on the objective data of the file.
A defense against a malpractice allegation cannot rest solely on the explanation that “a complication occurred.” The conformity of the decision to intervene with the medical data on the date of the event, the patient’s initial condition, accompanying diseases, alternative causes, the treatment applied, follow-up, consultation and the record-keeping should be presented as a whole.
Within the scope of the defense:
The seriousness of a medical outcome is not, by itself, proof of fault or causation. The defense should be built not on a retrospective assessment of the outcome but on the clinical conditions at the time of the event and on verifiable medical records.
Informed consent is not merely having a standard form signed. The patient should be told the diagnosis, the proposed intervention, the purpose of the intervention, the reasonable risks, the alternatives, the circumstances affecting the likelihood of success and the probable consequences of refusing the intervention, in a way the patient can understand.
In a consent review:
Even in an intervention that is technically in line with the medical standard, a failure to inform may give rise to a separate legal assessment with regard to the patient’s right to determine his or her own future. By contrast, not every deficiency in a form automatically results in all the medical damage being attributed to the physician; damage and causation are examined separately.
A diagnostic error can take the form of the disease never being identified, a wrong diagnosis being made, a delay in diagnosis, or the necessary differential diagnosis process not being carried out. Not every wrong diagnosis, or diagnosis that later changes, is malpractice. What is examined is whether the physician carried out a reasonable diagnostic process in light of the symptoms, findings, tests and risks at the time of the event.
The main subjects of review:
In a misdiagnosis file, causation often rests not merely on the delay in diagnosis but on the concrete effect of that delay on the treatment possibilities, the stage of the disease and the prognosis.
A surgical dispute is not limited to a technical event that occurred during the operation. The surgical indication, choice of method, team and hospital conditions, preoperative preparation, the surgical performance, foreign-body and count checks, pathology, monitoring for bleeding, infection and follow-up after discharge are assessed together.
The main areas of work in this field:
That a surgical risk is written in the consent form does not in itself mean that the intervention was technically properly performed or that the complication was managed correctly. Likewise, the materialization of a risk does not by itself mean a technical error.
Anesthesia and intensive care processes require multidisciplinary review because of the patient’s systemic risks, the drugs used, airway management, monitoring, devices, team communication and postoperative observation.
Our scope of work:
In an anesthesia and intensive care file, not only the physician’s act but also the hospital’s obligations regarding device maintenance, drug safety, team and organization should be assessed.
Pregnancy, childbirth and newborn files may include the records of the mother and the child and the practices of obstetrics, perinatology, neonatology, anesthesia, midwifery and nursing together. Because the development of the event within minutes is significant, monitoring charts and time records should be examined in detail.
Main topics:
The child’s future care, rehabilitation, education and support needs may be assessed in the calculation of damage together with their lifelong consequences. Medical causation and future needs require separate specialist reviews.
In emergency health services, decisions on assessment, intervention and transfer are often made within limited time and with limited information. Without disregarding these conditions, the legal review assesses whether the urgency was correctly determined, whether the necessary stabilization was achieved and the effect of any delay on the outcome.
In this context:
Emergency department congestion alone does not remove the duty of care; however, the assessment should be made on the basis of the actual conditions of the event, the resources available and the principles of medical prioritization.
In disputes over medication and infection, the prescription or the microbiology result alone may not be sufficient. The choice of drug, dose, time of administration, and allergy and interaction checks are assessed together; as regards infection, so are preventive measures, the risk level, diagnosis, culture, antibiotics and the isolation process.
Our areas of work:
The occurrence of a hospital-acquired infection does not in itself prove organizational fault. The type of infection, the patient’s personal risks, the measures that should have been taken, and whether the records show that the measures were applied should be examined.
In dental practice, diagnosis, the treatment plan, imaging, implant placement, prostheses, orthodontics, root canal treatment, anesthesia and oral and maxillofacial surgery may involve different fields of specialty. Cosmetic expectations should be distinguished from the functional purpose of treatment.
Our scope of work:
A legal assessment should not be made solely on the basis of an image of the result without the treatment plan, the initial records, X-rays, measurements, photographs and follow-up records.
In cosmetic interventions, medical necessity, the patient’s expectations, the scope promised by the physician, simulations and images, the technical nature of the intervention, the healing process and the need for revision are assessed together. Not every cosmetic procedure should automatically be regarded as a contract involving a commitment to a result; the specific contract and the purpose of the intervention should be examined.
In this field:
Before-and-after photographs should not be treated as proof of technical error on their own without examining at which stage of healing they were taken and whether they were prepared under standard conditions.
Procedure-specific review: In nose, face, eyelid, ear and breast surgery; liposuction, abdominoplasty and body contouring; hair and eyebrow transplantation; and filler, botulinum toxin, laser and skin procedures, the indication, authority, product, dose/technique, information and follow-up are each investigated separately. For procedures offered under the name of PRP, mesotherapy, peeling, microneedling or stem cell/ozone, compliance with the legislation is also checked separately. This enumeration is neither a treatment recommendation nor a statement that the procedures are lawful under all conditions.
Damage connected with a medical device may arise from a design or manufacturing defect in the device, a lack of maintenance and calibration, incorrect installation, user error or the selection of an unsuitable device. In order to identify the responsible party, health service liability and product liability should be distinguished from one another.
In this context:
That a product has a license or a certificate of conformity does not mean it is free of defects in every specific case; nor does the existence of a device malfunction in itself give rise to the physician’s personal liability. Details concerning product law should be addressed on the separate Medical Device Law and Product Liability page.
The liability of a health care institution does not consist only of employing the physician. The institution may be obliged to establish and operate an appropriate system of personnel, devices, drugs, hygiene, records, on-call duty, consultation, laboratory, imaging, blood products, intensive care and emergency response.
The main subjects reviewed from the organizational standpoint:
The physician’s individual medical decision and the institution’s system or organizational deficiency are separate areas of fault. This distinction should be made clearly in litigation and defense strategy.
Medical records form the foundation of a malpractice file. Gaps in the records, an allegation that they were altered afterward, or their being kept in fragments in different systems may affect both the understanding of the medical event and the assessment of proof.
The main records that should be preserved and examined:
Documents should be requested not only as PDF printouts but, where necessary, in their original digital form that preserves the diagnostic quality of the image. Obtaining, sharing or publishing the records on social media unlawfully may in addition give rise to liability.
Access to the patient file: Under Article 16 of the Patient Rights Regulation (Hasta Hakları Yönetmeliği), the patient, his or her authorized attorney-in-fact or legal representative may inspect the records and obtain copies. e-Nabız records are useful; however, it is not assumed that all the surgery, anesthesia, nurse observation and device records are found there. It is important to keep the date of the request and the response given.
In malpractice disputes the review by a court-appointed expert is often decisive; however, an expert report is not beyond legal scrutiny. The panel conducting the review must be composed of the right fields of specialty, must assess all the records, must determine the medical standard as of the date of the event and must establish a reasoned connection between the outcome and the fault.
The following points are reviewed in the expert examination:
An expert opinion obtained by a party under the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK) may be used to identify the medical questions in the file, to show deficiencies in the expert report and to make the scientific discussion concrete. However, the legal functions of an expert opinion and of a court-appointed expert are distinct from one another.
For compensation liability, the deviation from the medical standard, a legally protectable damage and the causal link between them must be assessed together. More than one disease, the prior state of health, a delay in treatment, the patient’s failure to follow recommendations or the act of a third party may affect the causation assessment.
Review headings:
Assessments that start from the outcome, such as “there is fault because the outcome was bad” or “there is no fault because it was a complication,” are not sufficient.
The burden of proof is not determined by a single sentence. The general rule in Article 190 of the HMK, the regime for breach of contract in Article 112 of the Turkish Code of Obligations (TBK), and the specific allegation are assessed together. Showing that the information and consent were duly provided is also important; it cannot be said that the entire burden of proof rests on the patient in every case.
The compensation that can be claimed because of malpractice is determined according to the nature of the event, the extent of the damage, the patient’s age, income, working capacity, care and treatment needs and the basis of liability. Compensation is not a means of punishment but a claim aimed at making good a damage recognized by law.
Items that may be assessed in the case of bodily injury:
Items that may be assessed in the case of death:
Interim payment, the starting date of interest, the date of calculation, social security payments, insurance coverage and the prevention of duplicate collection should also be assessed. Actuarial calculation and the assessment of medical disability or care needs are different fields of expertise.
Entitlement: A claim for loss of support does not depend solely on being an heir; the support relationship is established separately. Claims that pass to the estate of the deceased are distinguished from the relatives’ personal claims. Relatives’ non-pecuniary damages are assessed under the conditions of death or serious bodily injury. A fixed tariff cannot be set for the amount of compensation, and the outcome cannot be guaranteed.
Where damage is alleged to arise from a public health service, the core dispute is mostly addressed within the framework of the administration’s service fault or the principles of no-fault liability. Before a claim is directed at a public official directly, the Constitution, the Civil Servants Law, the Administrative Procedure Law (İYUK) and the special provisions in health legislation should be assessed together.
In these files:
For certain personnel working at a state university, a criminal investigation may be subject to the special procedure in Higher Education Law No. 2547. The compensation and criminal routes do not follow the same procedure.
In private health services, although the patient’s contractual relationship is mostly established with the health care institution, the form of employment and contract of the physician who performs the treatment may also affect liability. The hospital’s organizational liability, the act of the auxiliary person and the physician’s personal medical practice should be examined separately.
In this context:
The judicial route concerning a foundation university hospital or an institution with a special status should be determined not by starting from the name of the institution but by examining its legal status and the specific service relationship.
The foundation university’s public legal personality and the operator that actually provides the service are taken into account; these institutions are not automatically placed within the ordinary courts under the heading of private hospital. In a claim that has the nature of a consumer transaction, merely calling it a “tort” does not in itself remove the subject-matter jurisdiction rules of consumer law. The exceptions within the scope of mediation as a condition precedent to litigation and the consumer arbitration committee are checked against Article 73/A of Law No. 6502 and the current monetary thresholds.
In criminal investigations conducted because of the medical procedures and practices of health care professionals relating to examination, diagnosis and treatment, the Professional Liability Board or the special investigation procedure in Law No. 2547 may come into play, depending on the personnel’s status. The legal process is not the same as the expert assessment in a direct compensation action.
In Professional Liability Board processes:
Under Supplementary Article 18 of Law No. 3359 and Article 9 of Law No. 4483, the time limit for objecting to an investigation permit decision is 10 days from notification. The right of application, the notification and the competent authority are checked according to the type of decision. A different permit system may apply to persons subject to the procedure in Article 53 of Law No. 2547.
In a criminal investigation, a bad medical outcome does not by itself show that an offense has been committed. The negligent conduct imputed, foreseeability, the duty of attention and care, causation and personal responsibility should be assessed separately under the criteria of criminal procedure.
A criminal complaint is submitted to the public prosecutor’s office; the filing of a public action depends on the indictment and its acceptance. The act that may be imputed, including injury or killing by negligence, is determined according to the specific case; “malpractice” is not in itself the name of a single offense. The filing or acceptance of a compensation action does not by itself create a criminal record.
Compulsory Financial Liability Insurance for Medical Malpractice (Tıbbi Kötü Uygulamaya İlişkin Zorunlu Mali Sorumluluk Sigortası) is examined in terms of the period in which the policy was issued, the profession and risk group, the dates of the event and of the claim, the scope of coverage, exclusions, serial losses and notification obligations. An insurance policy regulates not the existence or absence of medical liability but the scope within which the liability that has been established is covered.
In this field:
As regards recourse against health care professionals working in public institutions and state universities, Law No. 3359 and the current Professional Liability Board regulations should be taken as the basis. The recourse relationship between private health care institutions and insurers is examined separately under the contract and the general provisions.
Current public insurance regime: Supplementary Article 18 of Law No. 3359 also regulates the application, after the administration’s payment based on a final decision, to the health care professional’s insurer within the degree of fault and the coverage. This route is separate from the decision on recourse against the personnel. For state university personnel, the university’s statutory final decision stage is also taken into account.
In malpractice disputes there is no single statute of limitations or time limit for bringing an action. In public health services, the time limits for the preliminary application to the administration and for administrative actions may come into play; in private health services, the contract, tort, consumer or insurance relationship; in a criminal file, the time limits for the complaint and the statute of limitations for the action; and before the Professional Liability Board, a special objection period tied to notification of the decision.
In the review of time limits:
A table of time limits prepared on the basis of the specific dates is part of the first legal review. The start, interruption or suspension of the time limits is assessed separately.
The health service that a foreign patient receives in Türkiye may constitute a multi-party relationship involving the health facility, the physician, the health tourism intermediary, a foreign agency, the insurer and the payment institution. The contract, promotion, translation, consent, medical records, complication follow-up and the treatment costs after the patient’s return to his or her country should be assessed together.
Our scope of work:
The ability to communicate in Turkish, English, German and Russian contributes to the flow of information and documents conducted with foreign patients, health care institutions, insurers and foreign legal advisers. When necessary, coordination is established with legal and medical experts in the foreign country.
Many preparatory and representation steps can be taken without coming to Türkiye; however, stages such as an examination, a medical board, an expert examination, or those at which the competent authority requires personal attendance are planned separately. Remote representation does not mean that all steps in every file will be completed outside the country.
The relationships established between the patient and the physician, the hospital and the intermediary may not rest on the same type of contract. The duty of care, the commitment to a specific result, the organizational obligation and non-contractual liability are examined separately.
The resolution of a medical dispute through negotiation is assessed by setting out the claim items and future needs. A refund of the price, an offer of revision or an insurance payment does not mean that all damage has been compensated.
Missing documents are not a reason to postpone the first assessment. With the information at hand, urgent dates and the records that need to be preserved can be identified.
Put the dates of the intervention, the first symptom, additional treatment, referral and learning of the damage into a short chronology. Separate what you remember from the information verified by documents.
Keep the originals of the discharge summary, consent, prescriptions, imaging, photographs, invoices and correspondence. Besides screenshots, also preserve the original files and date information.
Do not settle for the hospital’s trade name. Identify the operator, the persons who carried out the treatment, the intermediary and, if any, the insurer from the documents.
The administrative application, compensation, criminal complaint, insurance and objection to an investigation permit may depend on different dates.
Assess which rights an offer of revision, fee refund, release or settlement covers. Do not postpone a new health need for the sake of a legal step.
Do not publish medical information and the names of third parties in detail on social media or in a general message to the firm. Determine a lawful way of preserving evidence and a secure way of sharing.
In malpractice files, the assessment does not rest solely on showing that damage arose after treatment. The medical standard, timing, information provided, institutional organization, integrity of the records and causation are addressed within the same sequence of events. The aim is to separate the types of claims from the outset and to build a file structure suitable for review by a court-appointed expert.
We separate the areas of responsibility of the legal assessment and the assessment by a specialist physician. The necessary medical specialty and technical opinion are determined according to the needs of the specific file. The client is told not only what can be done, but also the gaps in the evidence, the costs and the uncertainties.
The claim, the institution’s status, urgent dates and conflicts of interest are reviewed. The scope of the preliminary review and of representation is clarified.
The records are put in date order. Missing documents and the way to obtain them are identified; the sharing of personal data is limited.
The fields of expertise needed to assess the medical standard are identified. The questions to be put to the court-appointed expert are prepared.
Fault, damage, causation, the respondent, subject-matter and territorial jurisdiction and the time limit are assessed together. Strong and uncertain points are explained.
The appropriate preliminary application, mediation, insurance, compensation or defense steps are carried out on the client’s instructions.
The expert report is reviewed; objections, supplementary reports, the appeal to the regional court of appeal or the Court of Cassation, and the conditions for enforcement of the decision are followed up.
Güneş & Güneş Law Firm was founded in Kemer on March 18, 1999 and moved its headquarters to Antalya in 2007. Based in Antalya, it provides legal services in medical malpractice and physician and hospital liability files at the stages of advice, negotiation, litigation, legal remedies and enforcement of decisions.
Files in all 81 provinces of Türkiye are planned with regard to subject-matter and territorial jurisdiction, representation, the court-appointed expert and, where necessary, the conditions for on-site steps. Steps outside the physical headquarters are coordinated according to the needs of the file.
Turkish, English, German and Russian communication allows the files of Turkish citizens living abroad, foreign patients and health care institutions connected with Türkiye to be assessed.
Online meetings, secure document sharing, foreign medical records, apostille/certification, translation, notification and representation needs are planned together. Applicable law, jurisdiction and, where necessary, personal attendance are examined separately.
In your first message, the date and place of the event, your status as the applicant and any approaching deadline are sufficient. Do not wait for the documents to be complete; the detailed list is selected according to the needs of the file.
The date and place of treatment; details of the patient, physician, health care institution and, if any, the intermediary. Summarize what happened and when you learned of it in a short chronological order.
If available, the discharge summary, consent, surgery/anesthesia and nurse observation records, imaging, tests, prescriptions, referral and subsequent treatment documents. State any missing records separately.
Treatment and care invoices, documents on inability to work and income, existing reports; in the case of death, documents showing the support relationship and the family relationship.
Applications to the patient rights unit, the administration, the public prosecutor’s office, the insurer or the court; replies, reports and dates of notification. Keep all pages of the decision.
Any approaching deadline; the country where you are, your preferred language and a secure communication method. The authority to access the health records and the necessary scope of the power of attorney are determined separately.
Do not attach medical reports, medical images or detailed diagnostic information to a general message to the firm. After the conflict-of-interest and access-authority check, the necessary records are requested through the agreed secure channel. Unnecessary third-party data is filtered out; document sharing and access are kept limited to the purpose of the legal service.
The preliminary review, obtaining the records, expert opinion, mediation, administrative application, criminal file and compensation action are separate stages of work. The attorney’s fee, court fees, court-appointed expert, expert opinion, translation and other expenses are explained, with their scope, before the engagement.
The duration of the file varies according to the obtaining of records, reports, notification, the court calendar and legal remedies. No fixed time to a result or amount of compensation is promised. If the conditions are met, legal aid from the court and bar association legal aid are assessed separately; these do not mean that every expense will automatically be covered.
Short answers explain the general framework. The date of the event, the status of the health care institution and the specific documents may change the route to be followed.
No. Conduct contrary to the medical standard, damage and causation are examined together. A risk may materialize despite an appropriate intervention; even so, the prevention, recognition and management of the risk are assessed separately.
Not by itself. Whether the patient was told about the risk, the necessary precautions, timely diagnosis and appropriate intervention are examined against the records. A decision cannot be made merely on the name given to the outcome.
Yes. The content of the form, whether it was specific to the intervention, the timing of the information and its comprehensibility matter. Consent is not advance permission for faulty practice; damage and liability are investigated separately.
The patient, the authorized attorney-in-fact or the legal representative has the right to inspect the records and obtain copies. Which records were requested and the institution’s reply should be documented. e-Nabız may not replace all hospital records.
A first assessment can be made with the information at hand. Obtaining the missing records and, where necessary, the preservation of evidence are planned. It would not be right to let an approaching application deadline pass so that all the documents may arrive.
Where damage is alleged to arise from a public health service, an application to the administration concerned and the administrative judicial route are in principle assessed. A claim should not be directed at the physician directly without determining the status of the institution and the personnel and the link of the act to the service.
In a relationship that has the nature of a consumer transaction, consumer law applies. The value of the claim, the scope of the consumer arbitration committee, mediation as a condition precedent to litigation, and subject-matter and territorial jurisdiction are checked together. Not every claim is subject to the same procedure.
That conclusion cannot be reached merely from its name or from the fact that fees are charged. The ordinary or administrative judicial route is determined by examining the university’s public legal personality, the operator, the status of the service and the claim.
In consumer court disputes, mediation as a condition precedent to litigation comes into play, apart from statutory exceptions. A full remedy action concerning a public hospital and a criminal investigation are not subject to the same regime.
There is no single time limit. Preliminary administrative applications in public services, contract or tort in private law, and complaint and permit objection in a criminal file are calculated differently. An assessment should be made without delay, on the basis of the dates of the procedure, the damage, learning of it and notification.
No. The effect of an application is determined according to the legal route concerned. The time limits for compensation, the administrative application, insurance and criminal matters should be tracked separately.
The permit relates to the criminal process within the scope of the investigation permit; it is not a general precondition for a compensation action. The separate preliminary application and conditions for bringing an action that apply to compensation should still be fulfilled.
In a permit decision under Supplementary Article 18 of Law No. 3359 and Article 9 of Law No. 4483, the 10-day period from notification matters. The right of objection, the type of decision and the notification should be checked. The special procedure under Law No. 2547 is not treated as the same.
A complaint or criminal report can be made to the public prosecutor’s office. A public action is brought by the prosecutor’s indictment and the court’s acceptance. If an investigation permit is required, the relevant procedure also applies.
The filing of a compensation action or an award of compensation does not by itself create a criminal record. The rules on a criminal conviction and the related record are different.
Depending on the conditions, treatment, care, loss of earnings, loss of working capacity, impairment of economic prospects and non-pecuniary damage are assessed. In the case of death, claims such as funeral expenses and loss of support are examined separately.
No. Loss of support and the relatives’ non-pecuniary damages may be assessed separately as personal rights. The support relationship, the family relationship and the statutory conditions matter; claims that pass to the estate are kept separate.
A precise amount cannot be promised. The permanence of the damage, care needs, income, age, fault/causation and the calculation method to be applied are examined. A preliminary assessment made with sufficient documents does not guarantee the court’s decision.
An objection can be made in due form and within the time limit. By making concrete the missing records, specialty mismatch, lack of reasoning or contradiction, the need for a supplementary report, a new examination or an expert opinion is assessed.
The specific commitment, the nature of the contract, the medical standard and the damage are examined together. Not every cosmetic procedure is under the same type of contract. A photograph or dissatisfaction alone does not show that all the conditions are met.
In implants, prostheses, root canal treatment, extractions and other dental procedures, the planning, product, technique, information and follow-up are investigated. A medical practice error and a product-related defect are not the same liability.
It can be handled in separate files, after the conflict-of-interest check. The records, scientific explanation, court-appointed expert, investigation permit, insurance and defense are addressed in the same chronology. Opposing parties in the same dispute are not represented together.
The policy’s scope, period, limit, exclusions, notification and liability conditions are decisive. The existence of insurance does not mean that all damage or every event is covered.
In a file connected with Türkiye, the application, representation and foreign records can be assessed. Online preparation is possible; however, any necessary examination or personal attendance is planned separately.
The duration depends on records, the court-appointed expert, notification and legal remedies. The scope of the review and representation, the attorney’s fee and third-party expenses are determined before the engagement; no fixed date for a result is given.
Do not attach detailed health documents to a general message to the firm. Briefly state the date/place of the event, your status as the applicant and any urgent date. The necessary documents are requested after the access authority and secure transfer method have been determined.
Depending on the nature of the file, compensation, administrative, consumer, criminal, insurance, health tourism, personal data and private international law matters are addressed together. You can reach the related services through the links below.
Content preparation date: . Legislation, case law and practice are rechecked on the date of the transaction. This page provides general information; it is not a substitute for a medical diagnosis or a personalized legal opinion.
Briefly state the date and place of the event, that you are applying as a patient, a patient’s relative or a health care professional, and any approaching deadline. Before sharing detailed health documents, let us determine a secure transfer method together.
Your request is handled in accordance with the principles of professional secrecy and the protection of personal data. In the same event, conflicts of interest, access authority and the necessary scope of representation are checked at the first stage.
Our target for a first response is 48 hours. This period does not mean that the legal review has been completed or that the matter has been accepted. If there is an approaching deadline, do not wait; notify us by phone.
Monday – Friday, 09:00 - 18:00
The outcome of each file depends on the specific event, the evidence, expert reports and the assessment of the competent authorities. No assurance of outcome is given. The first contact does not stop statutory time limits; the attorney–client relationship is established upon acceptance of the matter and confirmation of the engagement.