Medical malpractice is when the physician deviates from medical standards and harms the patient. It creates both criminal (TCK art. 85, art. 89) and legal (TBK art. 49, contract) liability.
Types of Malpractice
- Wrong diagnosis
- Wrong treatment
- Wrong surgery (wrong organ, wrong patient)
- Medication errors
- Instrument/needle in the body
- Incomplete illumination (TBK art. 66)
- Delay in response to the disease
Responsibles
- Physician (personal liability)
- Hospital (organizational liability)
- Ministry of Health (public hospital)
- Physician professional liability insurance
Compensation Items
- Treatment expenses (additional intervention)
- Temporary/permanent incapacity
- Pecuniary damage
- Caregiver expense
- Deprivation of support (death)
Proof
- Patient file
- Expert report (Forensic Medicine Institute, university)
- Witness statement
- Consultation reports
Supreme Court 13. HD
13. HD accepts that even the "simple fault" of the physician gives rise to compensation liability, and that the standard of care that an "average physician" would show should be applied.
Duration
- From contract: 5 years (TBK art. 147)
- Tort: 2 years/10 years (TBK art. 72)
- If it constitutes a crime: penalty statute of limitations
Health law/malpractice lawyer recommended.