Malpractice Cases in Turkey

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Malpractice; is the erroneous application of the physician due to apathy, ignorance or inexperience in a case. 

MALPRACTICE CASE IN TURKEY

Malpractice; is the erroneous application of the physician due to apathy, ignorance or inexperience in a case. Malpractice occurs not only when the doctor is inadequate, but also when current treatment methods are not followed. It is expected from a medical doctor that he has applied the standard and current treatment in accordance with the conditions along with his personal skills. In this case, it is possible to go to the responsibility of the doctor or hospital with a malpractice case.

HOW TO OPEN A MALPRACTICE CASE IN TURKEY?

There are some issues that need to be examined before a malpractice case can be filed. Does the physician have an unlawful act in the incident, did any harm occur, did it cause the physician's fault to this harm, is there a causal link between the harm and the verb? If you answer yes to all these questions, it means that suitable conditions have been created to open a malpractice case.

In the case of malpractice, the patient will have the right to demand material and moral compensation. In addition, in cases where the physician's fault constitutes a crime, it is also possible to go to the criminal responsibility of the physician.

While determining the amount of pecuniary damages to be demanded, the loss of earnings incurred due to the inability of the person, and the treatment costs that must be paid due to incorrect treatment are taken into consideration. In addition, if the patient and his conditions have occurred, his relatives have the right to demand compensation for moral compensation due to their pain and sadness.

The case to be filed will differ if the hospital is a public or private hospital. In cases where a doctor working in a public hospital causes harm, the addressee will be the state, ie the administration. The case must be filed against the state in the administrative judgment, but if the physician's mistake is an indispensable mistake within the task, it can be mentioned that the doctor's personal defect exists. In this case, a claim can also be filed against the doctor.

In case the treatment takes place in a private hospital, it is possible to file a lawsuit against both the doctor and the hospital. If it is desired to sue the private hospital, hospitals will be responsible for the person who employs and operates men, even if the error is only for the doctor.

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