……. TO THE HONOURABLE JUDGE
…….
THE PLAINTIFF :…….
DEFENDANTS :…….
DEFENDANTS :…….
SUBJECT :……. Without prejudice to our right to claim and sue for moral and redundancy ……. Our Request for the Collection of Material Damages from the Defendants Jointly and Severally, together with legal interest from the date …/…/…..
EXPLANATIONS :1-Our client applied to ……. hospital in November 1995 due to chest discomfort. Hospital in November 1995 due to chest discomfort. The other defendant ……., who performed the examination, referred our client to the other defendant ……. in …… for the necessary analyses.
2- A piece of our client’s chest was taken and analysed at ……. on …….. Afterwards, our client took the pathology report dated ……. from ……. to …….. ……. examined the pathology report from ……. and diagnosed our client with breast cancer and said that she should have surgery because the disease was advanced.
3- Thereupon, our client’s breast was removed with the surgery performed by the same doctor on …….. After the operation, our client’s breast was examined again at …… Laboratory on ../../…. and a pathology report was given on ../../….. After examining this report, the defendant Dr………. said that the cancer diagnosis was correct and sent our client to ……. Training Hospital Oncology and Nuclear Medicine Centre for radiotherapy treatment.
4- Before starting the treatment of our client at ……… Hospital, our client was told that new tests were required and that she should bring the materials taken from her at …….. Thereupon …….. The materials taken from the ……… laboratory were taken to ……… Hospital for examination and examined in the Hospital Laboratory.
5- As a result of the examination and test results ……. Hospital Oncology Clinic Doctor declared that our client did not have cancer. Our client, who learned that she did not have cancer and that her breast was removed as a result of misdiagnosis, experienced a great shock and realised her victimisation.
6- As a result of these developments, our client experienced a great physical and mental collapse. His wife and children were also negatively affected as a result of this incident and experienced sadness and unrest as a family. Our client is only 41 years old and it is clear that he will experience the pain and suffering of the unnecessary removal of his chest in his future life and will feel the lack of it.
7-In addition, our client has also suffered financial losses by incurring various expenses such as hospital, medicine and travelling. Our client needs to have a prosthetic breast instead of the unnecessarily removed breast, at least in order to aesthetically correct its appearance. It is not possible for our client to meet the financial burden of this. Therefore, we are obliged to demand financial compensation.
8-The responsibility for these developments lies with the …… Laboratory, which has given erroneous reports twice in a row, and the …… General Directorate, which is affiliated with the doctor and the doctor who has a power of attorney relationship with our client who performed the surgery without the need for any new examinations and tests upon the first report given by this laboratory and abused this relationship.
9-In the light of the above-mentioned reasons and developments, it has become necessary to apply to your Court in order to eliminate the victimisation of our client to some extent.
LEGAL GROUNDS : Code of Civil Procedure, Code of Civil Procedure, Relevant Legislation
EVIDENCE : Pathology Reports, Hospital Records, Other Legal and Discretionary Evidence etc.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST : For the reasons stated above, without prejudice to our right to claim and sue for more, we request that the ……. pecuniary and ……. non-pecuniary damages be collected from the defendants jointly and severally with legal interest from the date of …/…/…., that the judicial expenses be charged to the defendants, and that the counterparty attorney fee be awarded on our behalf as a lawyer in accordance with the 164/last paragraph of the Law No. 1136 on Attorneyship Law amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
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