Medical Malpractice Lawyer in Ankara

Medical malpractice cases refer to compensation cases arising from improper treatment. The word malpractice literally means a medical error in practice. You are on the page dedicated to medical malpractice cases, written by attorneys of Tahancı Law Firm Ankara, Attorney Fatih Tahancı & Attorney Ayşe Tahancı.

What Is a Medical Malpractice Case (Health Litigation)?

This refers to the harm arising from a physician's failure to apply the current standard of care while treating a patient, a lack of skill, or a failure to provide treatment to a patient who sought it. Cases filed to obtain compensation for such harm are known as Medical Malpractice Cases. The legal grounds relied upon by individuals in these cases are important for determining compensation for the harm resulting from malpractice. As a Medical Malpractice Case Lawyer, legal knowledge and experience are of great importance in these cases.

What Is Malpractice?

Malpractice refers to harm suffered by a patient as a result of an intervention performed by a healthcare provider — primarily a physician — that fails to meet accepted medical standards. Article 13 of the Rules of Medical Professional Ethics states: “Harm caused to a patient due to lack of knowledge, lack of experience, or negligence constitutes ‘medical malpractice.’” A patient who has suffered harm, or their relatives, may file a compensation case to obtain redress for the harm. Malpractice may also lead to a criminal investigation and prosecution of the physician involved.

The Difference Between Malpractice and Complication

Whether the harm arising during a medical intervention stems from malpractice or a complication will affect the course and outcome of the litigation. In medical law, harm resulting from a physician's fault is called malpractice, while harm that may occur despite the exercise of all due care and attention, without any fault on the physician's part, is called a complication. A compensation case can be filed when malpractice is involved, whereas a compensation case filed over a complication will be dismissed since there is no fault on the physician's part.

There are two exceptions when a complication is involved: disclosure of the complication and management of the complication. Disclosure of the complication means that the physician informs the patient about possible complications prior to the intervention and obtains the patient's consent for that medical intervention. If the physician has failed to provide this disclosure and has not obtained the patient's consent, they will be deemed at fault for any harm arising from the medical intervention, even without direct fault. Complication management, on the other hand, means that the physician is prepared and takes precautions against complications prior to the intervention and carries out the appropriate intervention in a way that prevents or minimizes a possible complication. A physician who fails to take the necessary precautions, or who fails to prevent harm arising from a complication when it was possible to do so, or who causes it to worsen, will be deemed at fault. In both of these situations, a compensation case can be filed to obtain redress for the resulting harm.

Which Court Hears a Medical Malpractice Case?

If the harm arises from an intervention performed by a physician working at a public institution — that is, a state hospital — during treatment, the case is filed against the relevant public administration. Under the applicable legislation, it is not legally possible to file a compensation case directly against physicians working at public hospitals. The case is filed against the administration in the competent administrative court. Cases filed in connection with medical malpractice specifically require the existence of gross service fault. Following the case, the state — that is, the administration — pursues a recourse claim against its own personnel, in proportion to their fault, within one year. If the physician's personal fault is established, the competent court for the resulting recourse case is the Civil Court of General Jurisdiction (Asliye Hukuk Mahkemesi).

If the harm arises from an intervention carried out by a physician working at a private hospital or a private practice during treatment, the case is filed before the civil courts.

Fault in a Medical Malpractice Case

Fault is the most important element that must be established in a medical malpractice case and directly affects the course of the litigation. Determining the degree of fault in a medical malpractice case is important for the amount of compensation to be claimed from the administration. What is expected of a physician is to arrive at the correct diagnosis in treating the patient. In order to arrive at the correct diagnosis, the examination must be conducted completely and appropriately. For this reason, medical fault may already be apparent from the very first examination.

Unfortunately, each of us, or a loved one, may find ourselves at a hospital at some point. A compensation case can be filed against the administration to obtain redress for harm arising from a wrong diagnosis, treatment, or other error by the physician we entrusted with our health and to whom we turned with hope of treatment. In medical malpractice cases, harm arising from an improper intervention can be recovered from the administration in proportion to fault. To help ease the suffering of the injured party, at least to some extent, a non-material (moral) damages case may also be filed to obtain compensation for the pain, suffering, and grief experienced.

Who Is a Medical Malpractice Lawyer in Ankara?

A medical malpractice lawyer in Ankara is an attorney who handles medical malpractice cases and has developed expertise in the field of health law.