Legal Rights of Foreign Patients in Turkey: Can You Sue a Doctor for Medical Malpractice?

Legal Remedies Available to Foreign Patients: The Right to Sue a Doctor in Turkey

1. Introduction

In recent years, Turkey has become one of the leading destinations for health tourism, particularly in the fields of plastic surgery, dental treatments, and hair transplantation. While the increasing number of foreign patients has significantly contributed to the growth of the sector, this also raises questions regarding the legal remedies available in case of medical malpractice.

This article addresses whether a foreign national, receiving treatment as a medical tourist in Turkey, can bring a lawsuit against a physician or healthcare institution in the event of complications, negligence, or unsatisfactory results.

2. Legal Basis for Medical Malpractice Claims in Turkey

In Turkish law, medical malpractice claims are primarily based on tort liability governed by the Turkish Code of Obligations (TCO) and in some cases, contractual liability depending on the nature of the doctor-patient relationship.

Relevant articles:

TCO Article 49: General provision on tort – “Any person who unlawfully causes damage to another, whether willfully or negligently, is obliged to compensate for that damage.”
TCO Article 112 and 113: Liability for breach of contract and obligation to perform with due care.

Physicians and healthcare institutions have a legal duty to:

Provide care in accordance with medical standards
Inform patients about potential risks and obtain informed consent
Ensure post-operative care and medical follow-up

Failure to meet these obligations may constitute grounds for liability.

3. Jurisdiction and Standing of Foreign Nationals

Under Turkish procedural law, foreign nationals have full standing before Turkish courts, including civil courts, provided that the matter falls within Turkish jurisdiction. A medical malpractice lawsuit can be filed:

In the place where the medical intervention was performed
Or in the jurisdiction of the defendant’s domicile

Even if the patient has returned to their home country, the lawsuit can proceed through a local legal representative (attorney) without the physical presence of the plaintiff.

4. Statute of Limitations

The general limitation periods for malpractice claims under Turkish law are as follows:

2 years from the date the claimant became aware of the damage and the liable party,
In any case, 10 years from the date of the incident.

However, if the act constitutes a crime (e.g. gross negligence causing serious injury or death), the criminal statute of limitations may apply, and civil claims can be brought within the same period.

5. Evidentiary Burden and Expert Opinions

As in most civil law systems, the burden of proof lies with the plaintiff. The patient (or their legal counsel) must demonstrate:

Existence of a doctor-patient relationship
Occurrence of a medical error or negligence
A causal link between the act and the damage

The court will appoint an independent medical expert (generally from a university faculty of medicine) to assess whether the standard of care was breached.

6. Types of Malpractice Common in Medical Tourism Cases

While each case must be assessed individually, common grounds for liability include:

Improper surgical technique
Failure to warn about side effects or alternative treatments
Post-operative complications due to lack of follow-up
Use of unlicensed or unapproved medical products
Absence of proper documentation or informed consent

7. Alternative Dispute Resolution (ADR)

Although litigation remains the most common route, Turkish law also allows for voluntary mediation in medical malpractice cases. If the parties agree, disputes may be resolved through mediation before or during court proceedings. This method may be faster and less costly, especially in cross-border matters.

8. Conclusion

Foreign patients receiving medical services in Turkey are not without legal protection. On the contrary, Turkish legal system recognizes their full right to access justice in the event of malpractice or negligence. With proper legal assistance, foreign nationals can initiate legal proceedings against physicians, clinics, or hospitals and seek monetary compensation for both pecuniary and non-pecuniary damages.

For effective representation, it is recommended that patients consult a Turkish attorney specializing in health law, preferably prior to undergoing treatment, in order to ensure all documentation and consent procedures are properly handled.

Legal Assistance for Medical Tourists

If you or a loved one experienced complications following a medical procedure in Turkey, our team at Health Legal provides tailored legal support for international patients.