If a doctor or hospital causes harm by faulty treatment, the patient is entitled to compensation. Turkish law treats private and state institutions differently.
Private hospital
Suit at the consumer court or the general civil court. Liability is contractual and tortious. Material and moral damages can be sought.
State hospital
Suit before the administrative court against the Ministry of Health. Burden of proof is on the patient, eased by medical expert evidence.
Forensic Medical Council (ATK)
Disputed medical questions go to the Council. Its report carries great weight in the decision. A second opinion can be requested.
Burden of proof
Gradually relaxed. When a clear error appears in the medical records, the doctor must prove absence of fault.
Time limit
2 years from the patient's knowledge of the harm, 10 years from the procedure. For late-emerging harm (e.g., a left-behind surgical instrument), the clock starts from discovery.
Insurance
Doctors normally carry professional-liability insurance. The suit can also be directed at the insurer.