Two surgeons in masks operating under theatre lights

Medical Malpractice in Turkey: A Guide for Foreign Patients

By Av. Talha Yayla · October 19, 2026 · 15 min read

A foreign patient harmed by medical treatment in Turkey (Türkiye) — a hair transplant, cosmetic or bariatric surgery, dental work or any other procedure — can claim compensation from the doctor and the clinic under Turkish law, and can pursue the claim from abroad through a lawyer. A doctor owes the patient a duty to act with loyalty and care, measured against what a prudent practitioner in the same field would do (Code of Obligations, Art. 506). Liability arises where that standard was not met, or where the patient did not give informed consent. Claims against private clinics are heard by the consumer courts after mandatory mediation; claims concerning public hospitals go to the administrative courts under different deadlines.

Not every bad outcome is malpractice. This guide explains the difference between a complication and a fault, what has to be proved and how, which court is competent, what can be claimed, the time limits, and the practical steps a patient should take — starting with obtaining the medical file.

Standard of care: the care of a prudent practitioner undertaking similar work (Code of Obligations, Art. 506(3)).
Two bases of liability: breach of the standard of care, and lack of informed consent.
Private clinics and doctors: consumer court; mediation first.
Public and state-university hospitals: claim against the administration — written application within 1 year of learning of the harm and 5 years of the act, then administrative court.
Tort limitation: 2 years from knowledge, 10 years from the act; longer where the act is a crime (Art. 72).
Insurance: doctors must hold compulsory professional liability insurance.
First step: obtain a complete copy of your medical file.

Legal status of this guide. It reflects the Turkish Code of Obligations (No. 6098) and the Consumer Protection Law (No. 6502) as currently in force. Much of malpractice law — the classification of the contract, the competent court, limitation periods — has been shaped by case law, and the rules on criminal investigation of doctors were changed in 2022. Last updated: October 2026.

Complication or malpractice?

Every medical intervention carries risks that can materialise even when everything is done correctly. Turkish law distinguishes:

	Complication	Malpractice
What it is	A known, unavoidable risk of the procedure that occurred despite proper care	Harm caused by conduct below the accepted standard — in diagnosis, the choice or performance of treatment, or follow-up
Liability	None for the occurrence itself	Yes
But liability arises if…	the patient was not informed of the risk beforehand, or the complication was not recognised and managed properly and in time

Two consequences are central to almost every case. A complication that was not disclosed can found a claim on the basis of missing consent. And a complication that was handled badly — an infection not treated, a leak after bariatric surgery not diagnosed, a patient discharged to fly home too early — turns into malpractice through the failure of aftercare.

Typical allegations in cases involving foreign patients: procedures performed by unqualified staff rather than the doctor; inadequate pre-operative assessment; too many procedures combined in one session; poor infection control; discharge without follow-up arrangements; results materially different from what was promised; and consent forms signed in a language the patient could not read.

The legal basis of the claim

Contract. The relationship between a patient and a private doctor or clinic is, as a rule, a contract of mandate (vekâlet sözleşmesi) — a contract by which one party undertakes to conduct a matter or perform a transaction for another (Art. 502). The agent must perform personally unless authorised otherwise, must carry out the work with loyalty and care having regard to the principal's legitimate interests, and — in determining liability for breach of the duty of care — is measured against the conduct expected of a prudent agent undertaking work and services in a similar field (Art. 506). The doctor does not guarantee a cure; the doctor guarantees careful, competent treatment.
Aesthetic procedures. Where the purpose is purely cosmetic and a specific result was promised — a particular nose shape, a defined hairline, a set of veneers — the courts have in many decisions treated the relationship as closer to a contract for work, in which the result itself is owed. This matters: the patient need not show a breach of the standard of care, only that the promised result was not achieved. Advertisements, simulations and written promises are evidence of what was agreed.
Tort. Independently of contract, a person who unlawfully and culpably causes damage to another must compensate it (Art. 49). This is the basis used against persons with whom the patient had no contract.
Vicarious and organisational liability. A clinic or hospital answers for its doctors, nurses and technicians, and for its own organisational failures — equipment, hygiene, staffing, record-keeping.
Public hospitals. Treatment in a public or state-university hospital is a public service; the claim is for "service fault" against the administration, not against the doctor personally.

A medical intervention is lawful only with the patient's informed consent, except in emergencies. Under the patient-rights legislation and settled case law, before the procedure the patient must be told, in a way they can understand: the diagnosis; the proposed procedure, who will perform it and its expected duration; its benefits and its risks, including the less frequent serious ones; the alternatives; the consequences of not being treated; and what the recovery and follow-up involve.

Language. Information must be given in a language the patient understands, through an interpreter where necessary. A Turkish-language form signed by a patient who does not read Turkish, with no record of interpretation, is weak evidence of consent.
Timing. Consent given minutes before sedation, on a form handed over with the payment receipt, is open to challenge. For elective procedures the patient must have time to consider.
Burden of proof. It is for the doctor or clinic to prove that the patient was properly informed and consented.
Scope. Consent covers the procedure described. Extending the operation without necessity, or a different person performing it, is outside the consent.
Effect. Where valid consent is lacking, the intervention is unlawful, and the doctor is liable for the harm even if the procedure was performed correctly and the harm is a recognised complication.

Doctor and patient completing a form on a clipboard — Consent is valid only if the risks were explained in a language the patient understands. The clinic must prove it.

Who can be sued

Defendant	When
The doctor who performed or supervised the procedure	Private practice and private hospitals
The private clinic or hospital, as the patient's contracting party and as employer	Almost always; usually the party with assets and insurance
The doctor's professional liability insurer	Doctors are required to hold compulsory liability insurance for medical malpractice; the injured patient can claim against the insurer within the policy limits, including through insurance arbitration
The hospital's liability insurer	Where a policy exists
The medical tourism agency or intermediary	Where it contracted with the patient, promised results, selected an unlicensed provider, or misrepresented the doctor's qualifications
The administration — the Ministry of Health or the university	Public and state-university hospitals

Private defendants are jointly and severally liable, so the patient may claim the whole from any of them. Identify the correct legal entity: the brand on the website is often not the company that holds the licence or issued the invoice. The invoice, the consent form and the discharge summary show who actually provided the service.

Which court

Private doctors, clinics and hospitals — consumer court. Medical services provided for payment by a professional are treated as consumer transactions, and claims are heard by the consumer courts (tüketici mahkemesi). Consumers are exempt from court charges, though expert costs are advanced. Mediation is a mandatory first step before filing. For lower-value disputes the consumer arbitration committee is competent instead. See the fraud guide if payment was taken for a service never provided.
Public and state-university hospitals — administrative court. The claim is a full-remedy action against the administration. The patient must first apply in writing to the administration within one year of learning of the harmful act and in any case within five years of it; if the request is refused or not answered, the action is brought within the litigation period that follows (Law No. 2577, Art. 13). These deadlines are strict and differ completely from the civil ones.
Insurer. Claims against the liability insurer can be brought with the main case or before the Insurance Arbitration Commission.
Venue. The place where the treatment was given or the defendant's seat; in consumer cases also the consumer's place of residence in Turkey.
Abroad. Whether you can also sue in your home country, and under which law, depends on that country's rules on jurisdiction over consumer contracts and on how the service was marketed to you. A judgment obtained abroad would have to be enforced in Turkey against a Turkish clinic; see enforcing a foreign judgment in Turkey.

Proving the case

The patient must show the harm, the treatment and the causal link; the court establishes breach of the standard of care through expert evidence. The defendant bears the burden on informed consent.

The medical file is the core evidence. You have the right to a copy of your complete record: admission notes, test results, the consent form, the operation and anaesthesia records, nursing notes, the discharge summary (epikriz), prescriptions and images. Ask in writing. Missing, incomplete or altered records are held against the provider, who is under a duty to keep them.
Before-and-after evidence. Photographs taken before the procedure, immediately after and over time, with dates.
What you were promised. The clinic's website and advertisements as they were at the time, messages with the clinic and the agency, simulations, price offers, the package description.
Who did what. The names and qualifications of the people who actually performed the procedure. In procedures such as hair transplantation, the steps that are medical acts must be carried out by a qualified doctor in a licensed facility; performance by technicians alone is itself a breach.
Follow-up treatment at home. Reports from the doctors who treated you afterwards, describing what they found and what corrective treatment was needed, with sworn translations. Ask them to record findings factually and to keep any removed material or images.
Expert reports. Courts obtain reports from the Forensic Medicine Institute's specialised boards, from university departments or from panels of specialists in the relevant field. A party may submit a private expert opinion and may object to a court report with reasoned medical arguments; a second report is common.
Payment records — invoices, transfers, card statements. Cash payments without invoices should be reconstructed from messages and withdrawals.

What can be claimed

Head	Content
Refund of the fee	For a service not performed as agreed
Corrective treatment	The cost of revision surgery and further treatment, in Turkey or at home, including travel and accommodation
Loss of earnings	During the period of incapacity
Permanent incapacity and harm to economic future	Calculated by actuarial expert on the basis of the disability rate, age and income
Care costs	Where ongoing assistance is needed
Moral damages	For pain, suffering and disfigurement; in the judge's discretion, considering the severity of the harm and the fault
In case of death	Funeral and treatment costs, loss of support for dependants, and moral damages for close relatives

Material and moral damages are assessed under the Code of Obligations. Awards for moral damages in Turkey are, as a rule, lower than in many Western European and North American jurisdictions; expectations should be set accordingly. Interest runs from the date of the harmful act in tort.

Time limits

Type of claim	Period
Tort	Two years from the date the injured person learned of the damage and of the person liable, and in any event ten years from the act; if the act is punishable under criminal law with a longer limitation period, that longer period applies (Code of Obligations, Art. 72)
Contract of mandate	Five years under the special limitation period for claims arising from mandate
Where the relationship is treated as a contract for work, or as a defective consumer service	Shorter periods may be argued by the defence
Public hospital	Written application to the administration within one year of learning of the harm and five years of the act; then the administrative litigation period
Criminal complaint for negligent injury	Six months from learning of the act and the offender, where the offence is prosecuted on complaint

Because the classification of the claim is contested and the periods differ, the safe course is to act well within two years of discovering the harm — and within one year where a public hospital is involved. Do not let the clinic's offers of "free revision next year" carry you past a deadline.

Criminal and administrative complaints

Criminal liability. Causing injury or death by negligence is an offence under the Penal Code. A complaint is made to the public prosecutor. Since a 2022 amendment, the investigation of doctors and other health professionals for acts connected with their medical duties is subject to permission from a professional liability board established within the Ministry of Health. A criminal case establishes facts and can produce a useful expert report, but it is slower and its standard of proof higher than the civil claim; it is a supplement, not a substitute.
Administrative complaint. Complaints about a private facility's licensing, staffing, hygiene or advertising go to the provincial health directorate and the Ministry of Health, which can inspect, fine and suspend. Facilities and intermediaries serving international patients need a health tourism authorisation; operating without one, or outside its scope, is sanctioned.
Professional discipline. The medical chamber can discipline a doctor for breaches of professional ethics.
Unlawful advertising. Before-and-after images, guaranteed results and misleading claims in health advertising are prohibited; evidence of them supports the civil claim.

Medical tourism: agencies and packages

Most foreign patients arrive through a package — treatment, hotel and transfers — sold by an agency or by the clinic's own sales staff, often after an online consultation with a coordinator rather than a doctor. Points that recur in disputes:

Who is your contract with? The agency, the clinic, the doctor, or all three? Keep every document that names a company.
Was the doctor named in advance the doctor who operated?
Were you examined before you travelled, or only on the day?
What was the plan for complications after your flight home? A provider that treats international patients must arrange follow-up; discharge without instructions or contact is a breach.
Waivers. Clauses excluding liability for negligence, or requiring disputes to be settled in an unusual forum, do not bind a consumer where they are unfair, and liability for gross fault cannot be excluded at all.
Confidentiality or "refund" agreements. After a bad outcome, clinics sometimes offer a partial refund in exchange for a release and a promise not to post reviews. A release signed without knowing the full extent of the harm can be challenged, but it is better not to sign before taking advice.
Online reviews. Stating your own experience truthfully is lawful. Clinics sometimes threaten defamation claims; keep statements factual and supported by your records.

What to do, step by step

Get medical help first, wherever you are. Tell the treating doctor what was done in Turkey.
Request your complete medical file from the Turkish provider, in writing, by email with read receipt and through the patient-rights unit of the hospital.
Preserve evidence: photographs with dates, messages, the website pages, invoices, names of staff.
Obtain a factual report from your treating doctor at home.
Do not sign a release or accept a partial refund "in full settlement" without advice.
Have the file reviewed by a lawyer, with a preliminary medical opinion, to see whether the outcome looks like a managed complication or a breach.
Give a power of attorney at a Turkish consulate or before a local notary with apostille and translation.
Notify the provider and insurers in writing and start mandatory mediation; many cases settle at this stage where the evidence is clear.
File the case if no settlement is reached, within the limitation period.

Harmed by medical treatment in Turkey? Send a short description, the date and place of the procedure, and whatever records and photographs you have. Message Yayla Law on WhatsApp or use the contact form. Obtaining the complete medical file early is the single most useful step.

Frequently asked questions

Can I sue a Turkish clinic for a botched procedure?

Yes. A foreign patient can claim compensation from the doctor and the clinic under Turkish law where the treatment fell below the standard of care or was carried out without informed consent. The claim can be pursued from abroad through a lawyer.

Is every bad result malpractice?

No. A known risk that occurs despite proper care is a complication, for which there is no liability — unless you were not informed of the risk beforehand or the complication was not recognised and treated properly.

Which court handles malpractice claims against private clinics in Turkey?

The consumer court, since privately provided medical services are treated as consumer transactions. Mediation is mandatory before filing. Claims concerning public hospitals go to the administrative court after a written application to the administration.

How long do I have to bring a claim?

For tort, two years from learning of the harm and the person liable, and ten years from the act; claims under a contract of mandate are subject to a five-year period. For public hospitals, the written application must be made within one year of learning of the harm. Act early.

I signed a consent form. Can I still claim?

Yes. Consent is valid only if you were properly informed, in a language you understand, in good time, about the specific risks. A signed form does not excuse negligent treatment, and the clinic must prove that genuine informed consent was given.

Can I get my medical records from the Turkish clinic?

Yes. Patients have the right to a copy of their complete medical file. Request it in writing. A provider that cannot produce proper records is at a disadvantage in court.

What compensation can I claim?

Refund of the fee, the cost of corrective treatment including travel, loss of earnings, compensation for permanent incapacity, care costs and moral damages. In case of death, dependants can claim loss of support and close relatives moral damages.

Can I claim against the doctor's insurance?

Doctors must hold compulsory professional liability insurance. The patient can claim against the insurer within the policy limits, in court or before the Insurance Arbitration Commission.

Is the agency that sold me the package liable?

It can be, where it contracted with you, promised results, misrepresented the provider's qualifications or directed you to an unlicensed facility. Keep all correspondence and documents naming the agency.

Legal basis and sources

Turkish Code of Obligations No. 6098, Articles 49–56, 72, 502 and 506 — official consolidated text at mevzuat.gov.tr.
Consumer Protection Law No. 6502, Articles 73 and 73/A.
Law No. 2577 on Administrative Procedure, Article 13.
Patient Rights Regulation; Regulation on International Health Tourism and Tourists' Health.

This article provides general legal information on Turkish law as of October 2026. It is not legal or medical advice. Whether a particular outcome amounts to malpractice can be assessed only from the medical records and expert opinion.