According to recent statistics by the Ministry of Health, the volume of medical tourism in Turkey has increased significantly. For those who decide to go to Turkey for medical treatment, it is important to have in mind some important aspects concerning a medical malpractice dispute. In this post we will examine the time limitations for medical malpractise cases in Turkey.

Malpractice can be defined as harm done to a patient as a result of a misdiagnosis, wrong treatment, or due to lack of knowledge by the medical staff. In these situations, patients have the right to file for damages. It is important to note that there is no legal barrier against foreign nationals when filing for malpractice in Turkey.

Medical malpractice does not arise only from wrong acts taken by doctors. There are many other reasons which can also lead to a malpractice suit for which a health institution like a hospital, or other heath personnel can be held responsible. A very important issue in a malpractice suit is defining the legal relationship between parties involved because time limitation for a malpractice suit depend on the legal relationship between the parties.

For example:

• If a medical intervention concerning plastic surgery is done in a private hospital in Turkey, the relationship between the patient and the doctor is defined as an attorney agreement according to Turkish Code of Obligations. The general limitation for a malpractice lawsuit against a doctor is set to 5 years. If gross is involved, the limitation is raised to 20 years.
• In the same situation, the relationship between the patient and the hospital is defined as a contact for surgery. This sets the limitation to 5 years.
• If the medical intervention is carried out without authorization by the patient, the limitation is 10 years.
• If the medical intervention is done in a public hospital, the legal relationship between the parties is governed by the Turkish Administration Law. There are two limitations involved. The first is 1 year from becoming aware of the unfair or unlawful act and the second is 5 years from the time the act was committed.

Respecting the time limits is key to preventing a loss of your rights in cases of malpractice. Our experienced team of Turkish lawyers is able to evaluate your case quickly and to represent you in filing for malpractice indemnification in Turkey.