- General Overview
A physician can only be held liable for errors resulting from negligent medical practice. The legal compliance conditions of a medical intervention play a significant role in such lawsuits. These conditions include:
– The intervention being performed by an authorized individual,
– Obtaining informed consent,
– Medical necessity, and
– Compliance of the intervention with medical standards.
The physician’s fault, whether complications have arisen, and whether the intervention meets the conditions of legal compliance are matters requiring expertise and are evaluated by the courts based on expert reports.
These cases address the physician’s legal liability. However, if the physician’s conduct leading to a wrongful medical intervention constitutes a criminal offense under the Turkish Penal Code, criminal liability may also arise. Additionally, the hospital may also bear liability due to malpractice; however, this issue is beyond the scope of this article.
- Nature of Compensation Liability
The legal grounds for a physician’s liability due to malpractice can be classified under three main headings:
– Breach of Contract
– Tortious Liability
– Management of Affairs Without Mandate (Negotiorum Gestio)
In general, liability is based on a contractual relationship. However, if there is no contractual relationship between the physician and the patient, tortious liability may apply. In order for compensation liability to arise, the following conditions must be met:
- The physician must have committed a medical error.
- The error must have resulted from the physician’s fault.
- A tangible harm must have occurred.
- There must be a causal link between the harm and the medical error.
If these conditions are met, the physician’s liability will be established.
Types of Compensation
- Material Compensation
Material compensation refers to claims aimed at covering the financial losses suffered by the patient and their relatives due to malpractice. Examples of material compensation claims include:
– Treatment and hospital expenses,
– Loss of income,
– Additional surgery costs,
– Compensation for loss of financial support,
– Funeral expenses,
– Travel and accommodation costs.
Only the patient can claim loss of income. However, if the patient has passed away, the patient’s relatives (spouse, parents, children) may claim compensation for loss of financial support.
- Moral (Non-Material) Compensation
Moral compensation refers to claims made to remedy the emotional suffering and non-material damages suffered by the patient and their relatives due to malpractice. Such claims are pursued to compensate for the impairment of personal values and to alleviate the pain and suffering experienced. The court may award moral compensation to mitigate the suffering of the close relatives of the individual harmed by the medical intervention. However, the awarded moral compensation must not lead to unjust enrichment of the claimant.
