Compensation Lawsuits Based on Medical Malpractice
What is Medical Malpractice?
Medical malpractice is generally defined as a situation where injury or harm occurs as a result of faulty conduct or negligence in the practice of medicine. In theory, it is more commonly expressed using terms such as Medical Misconduct, Medical Error, Medical Practice Errors, and Medical Malpractice.
What is a Malpractice Compensation Lawsuit?
Physicians are personally liable under criminal law for harm caused to their patients through errors, negligence, or faults in the performance of their duties. They may also be obligated to compensate for material and moral damages from their personal assets according to the provisions of the Turkish Code of Obligations.
Within the scope of a physician’s legal responsibility, compensation lawsuits are filed for material and moral damages arising from medical malpractice, and in practice, this legal responsibility of the physician is called “compensation liability.” The legal responsibility for compensating damages resulting from a physician’s negligent conduct while providing healthcare services falls under the physician-patient relationship, which, according to the prevailing view in practice, is based on an agency contract. Therefore, since the patient-physician relationship can generally be described as an agency contract, compensation claims in such cases are evaluated based on the provisions of agency contracts in the Law of Obligations. However, in cases where a contractual relationship does not exist between the physician and the patient, the physician will be liable according to tort provisions.
For compensation to be awarded in cases where a patient suffers harm as a result of a physician’s unlawful medical intervention, certain conditions must be met. Accordingly:
The physician’s unlawful act (which may be in the form of a breach of contract, tort, or acting without authorization)
Damage resulting from the medical intervention
Negligence attributable to the physician
A causal link must exist between the negligence and the resulting damage. If all four elements are present, the physician’s liability for compensation may arise. Conversely, if even one of the four elements is missing, it will not be possible to award compensation to the physician.
The crucial element here is the concept of fault. Because, if there is no fault, it is not possible to speak of the physician’s liability. For example, physicians cannot be held liable because their fault cannot be invoked due to an unavoidable outcome. The accusation of fault against physicians should be considered with the criterion of “medical necessity,” and this point should be particularly emphasized in the defense. At this point, considering the knowledge, professional ability, experience, physical and intellectual capacity that an average physician should possess, it will be examined whether the physician’s conduct deviated from the norm in the specific case; if there is a deviation, it will be considered fault.
In compensation lawsuits filed for the liability of a physician, proving fault is as important as the concept of fault itself.
If the relationship between the physician and the patient is based on a contractual relationship, the physician is presumed to be at fault, and the patient is only obligated to prove the causal link between the harm suffered and the breach of contract. If the relationship between the physician and the patient is not based on a contract, the intervention in question will be considered a tort, and the patient is therefore obligated to prove the physician’s fault. Therefore, the source of the patient-physician relationship can lead to significantly different outcomes in terms of proof, so this determination must be made carefully.
How to File a Malpractice Lawsuit?
If a physician causes harm to a patient due to failure to follow standard, current practices, lack of skill, or failure to provide treatment during a medical intervention, the physician’s liability will arise. A patient who encounters such a situation and suffers harm has the right to file a compensation lawsuit to recover their losses. Accordingly, if the patient proves the existence of the harm, the physician’s fault, and a causal link between the fault and the harm, they can claim both material and moral damages.
Material Compensation
In compensation lawsuits filed under the scope of medical malpractice, the burden of proof for the damage falls on the patient (plaintiff). However, if it is not possible to determine the actual amount of the damage, the judge will use their discretion to determine the damage.
In the event of death, funeral expenses, medical expenses (if death did not occur immediately), and losses resulting from loss of work can be claimed. Individuals who regularly received support from the deceased, and whose support would have continued under certain circumstances had death not occurred, can claim compensation for loss of support. These may include the deceased’s spouse, children, etc.
In cases of bodily harm, medical expenses and losses resulting from loss of earning capacity and disruption of economic future can be claimed.