Health law cases in Turkey are the actions filed in disputes arising from damage caused by medical intervention and the provision of health services, and from the coverage of health expenses; actions for compensation due to medical malpractice and actions concerning the price of medication that the Social Security Institution (SGK) does not cover fall within this group. This guide summarizes the main types of cases and transactions in health law by subject group and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.
What Is an Action for Compensation Due to Medical Malpractice?
Medical malpractice is damage to the patient resulting from a failure to exercise the care and attention required by the standards and experience of medical science, owing to a lack of knowledge, skill or experience. To recover the damage, compensation may be claimed from the administration, the hospital or the doctor, depending on the nature of the event.
- Action for Compensation Due to a Doctor's Error and Medical Malpractice (in Turkish)
- What Is a Complication, and How Is It Distinguished from Medical Malpractice? (in Turkish)
- Action for Compensation Due to a Faulty Cosmetic Operation (Malpractice) (in Turkish)
- Informed Consent in Medical Practice and Its Proof (in Turkish)
In Which Cases Does the SGK Not Cover the Price of Medication?
Cancer drugs not covered by the SGK rest on two basic situations: the medication is not included in the Reimbursable Drugs List, or it is included in the list but the payment conditions are not met.
- Cancer Drugs Not Covered by the SGK (in Turkish)
What Do Claims for Compensation Arising from Bodily Harm Cover?
A person who suffers loss as a result of an event causing bodily harm may claim pecuniary and non-pecuniary damages. Pecuniary claims cover treatment costs, loss of earnings, loss arising from the reduction or loss of working capacity, and loss arising from the impairment of economic future.
Is There a Separate Title of Health Lawyer?
No. Health lawyer or medical malpractice lawyer are the names used for an attorney who handles actions arising from medical malpractice and health services; they are not a separate title.
Article 35 of the Attorneyship Law No. 1136 gives attorneys registered with a bar association the authority to file actions and to handle judicial proceedings without dividing this authority by area of law. A person searching for a "medical malpractice lawyer in Ankara" or a "health lawyer in Ankara" is therefore looking for any attorney who handles actions for compensation against a doctor or a hospital. The Advertising Ban Regulation of the Union of Turkish Bar Associations also allows attorneys to describe their areas of practice only "without implying specialization".
This article is for general information only and does not constitute legal advice.