Medicine is a unique field of expertise where the subject is human life. An incorrect diagnosis or treatment can overturn or even end a person’s life. Therefore, the legal responsibility of physicians is heavy.
Constitutional Basis:
-
Article 17: Everyone has the right to life and the right to protect and improve their physical and spiritual existence. Except for medical necessities and cases prescribed by law, the physical integrity of an individual shall not be violated.
-
Article 56: Everyone has the right to live in a healthy and balanced environment. The State shall regulate health entities to ensure that everyone leads their lives in physical and mental health.
What Constitutes Medical Malpractice? If a patient suffers harm due to a physician’s or hospital’s:
-
Ignorance or Lack of Experience,
-
Lack of Due Care or Negligence,
-
Imprudence or Incompetence,
-
Failure to Comply with Medical Rules, it is considered “Medical Malpractice” (tıbbi uygulama hatası), and the patient has the right to file a lawsuit for pecuniary and non-pecuniary damages.
-
Jurisdiction: Where to File the Lawsuit?
The legal path depends on whether the treatment took place in a state or private institution:
1. State Hospitals (Administrative Jurisdiction): Damages arising from the “service fault” (hizmet kusuru) of public officials (doctors) must be filed against the Administration (the State), not the doctor personally. These cases are heard in Administrative Courts as Full Remedy Actions (Tam Yargı Davası).
2. Private Hospitals (Civil Jurisdiction): The relationship between a private hospital and its doctors is an employer-employee relationship. The private hospital is liable together with the doctor under the capacity of “employer/operator.” The lawsuit must be filed against both the doctor and the hospital in Civil Courts of General Jurisdiction (Adli Yargı).
Summary of the Precedents (Yargıtay Rulings)
1. Court of Cassation, 4th Civil Chamber (2016/8262 E. – 19.10.2016):
-
Case: A heart pacemaker supplied by a private company and implanted by a doctor at a University Faculty of Medicine was defective.
-
Ruling: While the doctor (as a public servant) and the University (as the administration) fall under administrative jurisdiction, Real Persons and Private Law Legal Entities (the medical supply company) cannot be sued in administrative courts. Therefore, the case against the Private Company must be heard in Civil Courts (Adli Yargı).
2. Court of Cassation, 4th Civil Chamber (2016/14023 E. – 13.01.2017):
-
Case: A patient’s vocal cords were damaged during goiter surgery at a State Hospital.
-
Ruling: The lawsuit was filed directly against the doctor. The Court ruled that damages caused by public officials during their duties constitute “service fault” of the institution. The lawsuit must be directed at the Administration in administrative courts. Directing hostility toward the individual doctor in a civil court is legally improper (Husumet yokluğu).