Medical Malpractice Compensation Lawyer
Medical malpractice compensation attorney provides legal support to people who are harmed due to faulty diagnosis, wrong treatment, surgical error, incomplete information, negligence or practices contrary to medical standards. The aim of these cases is to compensate for the material and moral damage suffered by the patient or his relatives.
Medical malpractice claims come to the fore frequently due to the density of private hospitals, public hospitals, clinics, aesthetic centers and different health institutions in Istanbul. For this reason, the patient file, medical records, consent forms, expert reports and expert examination are of great importance.
What is Medical Malpractice?
Medical malpractice is the patient's harm due to the person providing healthcare services or the healthcare institution acting contrary to the requirements of medical science, professional standards or duty of care. It is commonly known as "doctor's error" among the public.
However, not every negative medical result means malpractice. Even if medical intervention is performed correctly, some risks may arise as complications.
What is a Medical Malpractice Compensation Case?
Medical malpractice compensation case is a case in which the patient who was harmed due to malpractice or his relatives in case of death demands material and moral compensation. This case requires proof that the damage occurred due to medical error.
Who the lawsuit will be filed against may vary depending on where the health care service is received. Different legal remedies may be on the agenda for a private hospital, public hospital, independent physician or insurance company.
What Does a Medical Malpractice Compensation Lawyer Do?
The medical malpractice compensation lawyer examines the patient file, epicrisis reports, surgery notes, examinations, prescriptions, consent forms and correspondence during the medical process. Then, it evaluates which medical procedure caused the damage and which legal action to follow.
During the litigation process, expert reports, Forensic Medicine Institute examinations, expert opinions, hospital records and damage calculations are followed. Since medical malpractice files are technical, both health law and compensation law should be evaluated together.
Difference Between Malpractice and Complication
Malpractice is the occurrence of damage due to the faulty medical practice of the physician or healthcare institution. Complication is an undesirable result that may occur within the scope of the risks accepted by medicine, even if the medical intervention is performed correctly.
This distinction directly affects the outcome of the case. If the complication is managed correctly, liability for compensation may not arise; However, failure to recognize the complication in time or treat it appropriately may lead to a malpractice claim.
| Evaluation | malpractice | Complication |
|---|---|---|
| Key feature | There is flawed or incorrect medical practice. | Medical risk can occur despite proper intervention. |
| Responsibility | If there is a fault, compensation may be on the agenda. | If managed properly, liability may not arise. |
| Proof | The connection between medical error and harm must be shown. | It is examined whether the risk is predictable and manageable. |
| Examination | Expert and expert evaluation is required. | Compliance with medical standards is investigated. |
Which Situations Can Be Considered Malpractice?
Incorrect diagnosis, late diagnosis, incorrect treatment, error during surgery, birth error, incorrect medication administration, or failure to provide infection control may be subject to a malpractice claim. Each case is evaluated within its own medical conditions.
Additionally, not informing the patient sufficiently or performing an intervention without obtaining informed consent may also result in legal liability. Therefore, not only the outcome of the treatment but also the pre-treatment information process is important.
Compensation Due to Erroneous Diagnosis
Misdiagnosis occurs when the patient is harmed due to incorrect diagnosis of the disease or failure to perform the necessary tests. Incorrect diagnosis may result in delayed treatment or incorrect treatment.
However, not every diagnostic error automatically gives rise to liability for compensation. It is examined whether the physician acted reasonably and in accordance with medical standards, based on the current findings.
Compensation Due to Late Diagnosis
Late diagnosis may lead to a decrease in the chance of treatment or progression of the disease due to not detecting the disease in time. Claims of late diagnosis are common, especially in cases of cancer, heart diseases, infections and cases requiring urgent intervention.
In such cases, the patient's application date, examinations, doctor's notes and diagnosis process are examined in detail. A causal link must be established between late diagnosis and damage.
Compensation Due to Surgical Error
Surgical error may occur if the surgical intervention is performed against medical standards or if the postoperative follow-up process is neglected. Intervention in the wrong area, forgetting a foreign object, nerve damage or incorrect technique use can be evaluated in this context.
Operation notes, anesthesia records, intensive care records, consent forms and postoperative follow-up documents are important in surgery files. Expert examination often plays a decisive role.
Malpractice in Aesthetic Operations
The physician's obligation to inform is also important in aesthetic operations. Expectations must be managed and risks must be explained in rhinoplasty, hair transplantation, liposuction, breast aesthetics, fillers and botox applications.
In aesthetic procedures, the promise of results, advertising promises and patient expectations are evaluated on a case-by-case basis. If there is a procedure that violates medical standards or incomplete information, a claim for compensation may arise.
Compensation Due to Birth Defect
Damages that occur to the mother or baby during birth may be subject to a malpractice claim. Neglect in fetal follow-up, delay in cesarean section decision, birth trauma or deficiencies in newborn follow-up can be evaluated in this context.
Pregnancy follow-up records, NST results, birth notes, child health records and specialist reports are important in these files. It is investigated whether the damage was caused by a medical defect during the birth process.
Wrong Medication or Wrong Dosage Administration
Giving the wrong medication, ignoring drug allergy, or administering the wrong dosage may result in a medical malpractice claim. Such errors can lead to serious bodily harm.
Prescription, nurse observation form, medication administration schedule, allergy records and in-hospital instructions are examined as evidence. The responsibility of the healthcare personnel involved in the drug administration process is also evaluated.
What is Informed Consent?
Informed consent is the patient's free will, being informed about the medical intervention, risks, alternatives and possible consequences. It is accepted that consent is not just about obtaining a signature.
In interventions performed without adequate information to the patient, a legal liability dispute may arise, even if the procedure is medically correct. Therefore, the content of the consent form and how the information is provided is important.
Is the Consent Form Alone Sufficient?
The consent form is an important document; However, this alone may not always be sufficient. If the form is general and vague, does not explain specific risks to the patient, or is signed just before the procedure, it may create controversy.
The court evaluates whether the patient was truly informed, understood the risks, and was given information about alternative treatments.
Malpractice Case in Public Hospital
In cases of medical error claims occurring in a public hospital, the process is generally evaluated within the scope of administrative jurisdiction. In this case, filing a full jurisdiction lawsuit against the administration instead of the doctor directly comes to the fore.
In public hospital files, the application period to the administration, service defect, hospital records and administrative justice process should be carefully monitored. Filing a lawsuit in the wrong jurisdiction may result in loss of time.
Malpractice Case in Private Hospital
In case of medical errors occurring in private hospitals, the private hospital, doctor or relevant health institution may be considered within the scope of liability. The remedy is determined according to the nature of the relationship between the patient and the hospital.
In these files, contractual relations, consumer law, tort, agency relations and insurance liability may come to the fore together. The competent court and the case conditions should be evaluated according to the concrete case.
Compensation Case Against Independent Physician
A direct claim for compensation may be raised against independent physicians serving in a private practice or private clinic. In this case, the doctor's fault, the legal relationship with the patient and the scope of the damage are examined.
If the physician has professional liability insurance, the insurance size is also evaluated. However, the insurance company's liability may be limited to the policy scope and limits.
What Compensation is Claimed in Medical Malpractice?
Both material and moral compensation may be claimed due to medical malpractice. The type of harm varies depending on the consequences, such as injury, permanent disability or death of the patient.
| Compensation Type | Explanation |
|---|---|
| Treatment expenses | These are health expenses incurred due to incorrect intervention. |
| Temporary incapacity for work | It is the loss of income due to the inability to work during the recovery period. |
| Permanent incapacity for work | It is the loss of future earnings due to permanent disability. |
| Caregiver expense | It can be requested if the patient needs care. |
| lack of support | It is the loss of economic support of relatives in case of death. |
| moral compensation | It is requested due to pain, sadness and psychological wear. |
| Additional treatment costs | These are corrective treatment expenses after a faulty procedure. |
Financial Compensation
Financial compensation covers the economic damages suffered by the patient due to malpractice. Treatment costs, loss of income, care costs and permanent workforce loss can be evaluated in this context.
The patient's income level, disability rate, treatment duration, caregiver need and disability status are important in the calculation. Most cases require an actuarial or expert expert opinion.
Non-pecuniary Compensation
Non-pecuniary compensation is requested for the pain, suffering, psychological wear and decrease in the quality of life experienced by the patient due to faulty medical practice. In case of death, relatives may also request non-pecuniary compensation.
When determining the amount of non-pecuniary damages, the court takes into account the severity of the incident, the situation of the injured party, the degree of fault and the criteria of equity. The amount is evaluated differently in each case.
Compensation Rights in Case of Death
If medical malpractice has resulted in death, the relatives of the deceased may claim compensation for loss of support. This compensation is in return for the economic support provided or expected to be provided by the deceased while he was alive.
Relatives may also request non-pecuniary damages. Spouse, child, mother, father or persons receiving actual support may be eligible depending on the concrete case.
Evidence in Medical Malpractice Case
Evidence in medical malpractice cases usually consists of patient records and expert examinations. The complete collection of evidence affects the outcome of the case.
| Type of Evidence | Why is it important? |
|---|---|
| patient file | It shows the entire medical process. |
| epicrisis report | Explains the treatment and discharge process. |
| Surgery notes | It shows how the surgical intervention is performed. |
| Consent forms | It sets out the information and consent process. |
| Examination and imaging results | It supports the diagnosis and follow-up process. |
| Prescription and medication records | Shows the treatment plan. |
| expert report | Evaluates compliance with medical standards. |
| Expert opinion | Provides technical medical explanation. |
How to Get a Patient File?
The patient has the right to access his or her own health records. Patient file, epicrisis report, surgery note, examination results and consent documents may be requested from the hospital or health institution.
If records are provided incompletely or not at all, legal remedies may be considered. It is important to obtain patient records early in the medical malpractice file.
Expert Witness and Forensic Medicine Examination
In malpractice cases, the court usually resorts to expert witness or Forensic Medicine Institute examination. In the examination, it is evaluated whether the medical intervention complies with the standards and whether there is a causal link between the harm and the intervention.
The expert report is one of the most critical documents of the case. It is possible to object to incomplete, contradictory or insufficient reports.
Why is Disability Report Important?
The disability report indicates whether the patient has experienced permanent loss of work capacity after faulty medical intervention. This report is of great importance in calculating permanent disability compensation.
The report must be prepared in light of the correct regulations and current medical data. An inaccurate or incomplete disability report can directly affect the amount of compensation.
Statute of Limitations in Medical Malpractice Case
The statute of limitations in medical malpractice cases may vary depending on the legal basis of the case and the nature of the defendant party. Different periods may apply for private hospitals, public hospitals and independent physicians.
In claims arising from a public hospital, application to the administration and administrative litigation periods should be followed especially carefully. Missing the deadline may result in loss of rights.
Is Mediation Mandatory in a Medical Malpractice Case?
The obligation to mediate in medical malpractice cases may vary depending on the type of dispute and the nature of the parties. In some disputes regarding private healthcare institutions, consumer law or commercial litigation conditions may come to the fore.
In claims regarding public hospitals, administrative application and full judicial proceedings come to the fore. For this reason, before filing a lawsuit, it must be evaluated which remedy is mandatory.
In Which Court Is a Medical Malpractice Case Filed?
The court where the lawsuit will be filed is determined by where and by whom the health service is provided. In public hospitals, the administrative court may come to the agenda, and in private hospitals, depending on the concrete relationship, the consumer court, civil court of first instance or commercial court may come to the agenda.
When determining the competent court in Istanbul, the location of the hospital, the address of the defendant, the nature of the service and the type of dispute are taken into consideration. Filing a lawsuit in the wrong court may cause the process to take longer.
Can a Criminal Investigation Be Opened?
If an allegation of medical malpractice results in injury or death, a criminal investigation may also arise. Allegations of negligent injury or negligence causing death against a physician or medical personnel may be investigated.
Criminal investigation and compensation lawsuit are different processes. However, expert reports and findings in the criminal file may affect the compensation case.
Physician Professional Liability Insurance
Physicians may have compulsory liability insurance for medical malpractice. This insurance may be activated in some claims within the policy scope and limits.
However, the insurance company's liability is not automatic in all cases. Policy coverage, event date, coverage limit and notification conditions should also be examined.
Medical Malpractice Cases in Istanbul
Medical malpractice cases in Istanbul; It is frequently seen in private hospitals, public hospitals, university hospitals, aesthetic centers and clinics. The scope of medical records in these files and the structure of the institutions may affect the process.
The assessment of duties and powers of the courthouses and administrative courts in Istanbul should be made according to the concrete file. Providing medical reports and the expert witness process are among the most important stages of the case.
Legal Support from Attorney Mehmet Emin Kurşun
Medical malpractice compensation cases are technical files from both medical and legal perspectives. The patient file, consent form, expert report, disability rate, compensation calculation and choice of competent court can directly affect the outcome of the case.
Attorney Mehmet Emin Kurşun provides legal support in cases of medical malpractice, doctor's error, surgery error, plastic surgery error, compensation cases arising from public hospitals and private hospitals in Istanbul.
Things to Know Before Starting the Legal Process
Before claiming medical malpractice, the patient file, epicrisis report, surgery note, examination results, consent forms and second physician opinions, if any, should be collected. It is difficult to make a sound legal evaluation without these documents.
People who have been harmed due to medical error in Istanbul must evaluate the remedy, statute of limitations, competent court and evidence status before filing a lawsuit. Early legal support reduces the risk of loss of rights.
Frequently Asked Questions
What is medical malpractice?
Medical malpractice is harm to the patient due to the physician's or healthcare institution's violation of medical standards and duty of care.
Is every negative medical outcome malpractice?
No. Even if medical intervention is performed correctly, some risks that arise may be complications. For malpractice, defective medical practice must be found.
Against whom can a medical malpractice compensation lawsuit be filed?
Case; It may be brought against a private hospital, public hospital, independent physician, health institution or, if the conditions are met, against the insurance company. The defendant party is determined according to the concrete incident.
If there is a doctor's mistake in a public hospital, who will be sued?
In cases of medical malpractice in a public hospital, it is generally necessary to file a full jurisdiction lawsuit against the administration. It may not be possible to file a lawsuit for damages directly against the physician in all cases.
Which court can be applied to for doctor's error in a private hospital?
The court in charge of private hospital files is determined according to the legal relationship between the patient and the hospital. Consumer court, civil court of first instance or commercial court may come to the agenda.
What compensation is requested in a malpractice case?
Treatment expenses, incapacity damage, caregiver expenses, compensation for loss of support and moral compensation may be claimed.
Can compensation be obtained if there is no informed consent?
Depending on the concrete incident, yes. Failure to adequately inform the patient or obtain valid consent may result in legal liability.
Is an expert report important in a medical malpractice case?
Yes. The expert or Forensic Medicine Institute report is one of the most important documents of the case as it evaluates whether the medical intervention complies with the standards.
How many years is the statute of limitations in a medical malpractice case?
statute of limitations; It varies depending on the defendant party, legal relationship and the nature of the incident. Different periods may apply for private hospitals, public hospitals and independent physicians.
Why is medical malpractice lawyer support in Istanbul important?
Malpractice files in Istanbul usually contain extensive patient records, expert reports and technical medical examination. Legal support helps to determine the remedy and compensation claims correctly.
