Healthcare is one of the most fundamental rights of individuals, and public hospitals, where these services are provided by the public sector, are important institutions that citizens trust. Unfortunately, however, medical errors and negligence can occasionally occur in these institutions, causing permanent damage to patients’ health. In a large and densely populated city like Antalya, the number of patients visiting public hospitals is quite high, and therefore, allegations of medical malpractice can arise. For patients or their families facing such unfortunate circumstances, seeking legal remedies requires specialized knowledge and experience. This article aims to provide guidance to victims by examining in detail the legal processes following a medical malpractice incident at a public hospital in Antalya.
What is Faulty Medical Intervention and the Situation in Public Hospitals
Although medical interventions always involve certain risks, damages resulting from interventions made by a physician or healthcare personnel that are contrary to standards, negligent or without knowledge are legally called “faulty medical intervention” or “medical malpractice.”
The Concept of Medical Malpractice and Its Legal Foundations
Medical malpractice occurs when a physician or other healthcare professional fails to adequately utilize their professional knowledge and skills, fails to comply with generally accepted principles and standards of medical science, or fails to exercise due diligence, resulting in harm to a patient. It is crucial to distinguish between an intervention and whether it is an expected complication or an error resulting from the physician’s negligence. Every medical intervention is considered to carry risks and complications. However, situations such as a physician’s failure to inform the patient of these risks (duty of disclosure), failure to perform necessary tests, delay in diagnosis or treatment, misdiagnosis, or improper treatment are all considered malpractice.
From a legal perspective, physicians owe a “duty of care” to their patients. If a patient is harmed as a result of a breach of this duty, the physician is legally liable. This responsibility operates through a slightly different mechanism in public hospitals.
Physician and Administrative Responsibilities in State Hospitals
Public hospitals are institutions that provide public services under the Ministry of Health. Therefore, for damages resulting from medical malpractice by physicians or other healthcare personnel working in public hospitals, the relevant public administration, not the physician, is held directly responsible. This liability is based on the principle of administrative negligence . In other words, the administration is deemed at fault for failing to provide proper, timely, and complete healthcare services.
In a malpractice case occurring in a public hospital, patients or their families must file a lawsuit not directly against the physician, but against the relevant administration (the Ministry of Health or other public entity to which it is affiliated). After paying compensation for the service failure, the administration may pursue recourse against the staff member found to be at fault. This situation brings the litigation process for victims into the realm of administrative jurisdiction and requires the application of procedures and principles specific to this area.
Things to Do Before the Litigation Process
Before filing a lawsuit alleging medical malpractice, there are critical steps the victim or their loved ones must take. These steps are crucial to increasing the chances of success and ensuring the legal process is well-founded.
Evidence Collection and Documentation
One of the most crucial elements in the legal process is the complete collection of concrete evidence to support the allegations. In malpractice medical intervention cases, the primary evidence is:
* Medical Records (Patient File): All documents detailing the patient’s entire treatment process from admission to discharge, including summary reports, doctor’s notes, nursing observation forms, test results, imaging reports (MRI, CT, X-ray, etc.), surgery notes, anesthesia records, and medication follow-up charts, must be requested from the hospital. These records provide a detailed picture of the medical process and form the basis of any malpractice claims.
* Informed Consent Forms: The content of these forms, which show that the patient consents to the medical intervention, and whether the patient is adequately informed are also important.
* Prescriptions and Drug Information: Medications used and their dosages can be critical to understanding the course of treatment.
* Witness Statements: If available, statements of people who witnessed the incident (patient relatives, other patients, etc.) may also be presented as evidence.
All of these documents must be obtained as soon as possible through official channels (such as a petition). If hospitals refuse to provide these documents, legal action may be taken.
Expert Opinion and Legal Consultancy
The collected medical documents must be reviewed by a specialist physician to determine the causal link between the existence and nature of the medical error and the harm caused to the patient. This preliminary review strengthens the legal basis of the case and helps the attorney develop a strategy.
Medical malpractice cases are quite complex, both medically and legally. Therefore, it’s crucial to seek the support of an experienced and expert legal professional from the outset. Your lawyer will guide you through critical matters such as evaluating the evidence gathered, determining the legal nature of the incident, determining the court in which to file the lawsuit, and determining the statute of limitations. An attorney in Antalya who handles these types of cases will be more familiar with the functioning and procedures of local courts.
Legal Procedure for Faulty Medical Intervention in a State Hospital: Administrative Jurisdiction
In cases of medical malpractice in a public hospital, the primary legal avenue available to victims is administrative litigation . This is a type of lawsuit known as a “Full Remedy Action.”
Full Remedy Action and Statute of Limitations
Patients or their families who have suffered harm as a result of faulty medical intervention file a Full Remedy Lawsuit in the Administrative Courts against the relevant public administration (usually the Ministry of Health) to seek compensation for the damages. This lawsuit is based on the administration’s negligence in service and seeks compensation for material and moral damages.
Statutes of limitations are critical in full jurisdiction cases. The injured party must file a lawsuit within one year of learning of the damage and the act that caused it (faulty medical intervention), and in any event, within five years of the date the act occurred. These deadlines are statute-barring, and if missed, the right to file a lawsuit is forfeited. Therefore, it is essential to manage the process quickly and carefully.
Another important point is the obligation to submit a preliminary application to the relevant administrative authority before filing a lawsuit in administrative courts. A written request for compensation must be submitted to the relevant authority within one year of learning of the damage. If the authority fails to respond to this request within 60 days or rejects it, a full jurisdiction lawsuit may be filed within 60 days of the expiration of the 60-day period or notification of the negative response.
Administrative Trial Process and Stages
The full jurisdiction case process generally consists of the following stages:
1. Administrative Application: Before filing a lawsuit, the injured party must apply in writing to the relevant administration and request compensation for their damages.
2. Filing a Lawsuit: Depending on the administration’s response or lack thereof, a lawsuit is filed with the competent Administrative Court through a petition. The petition clearly states the details of the incident, the damages suffered, and the amount of compensation requested.
3. Presentation of Evidence and Reciprocal Petitions: The parties present their claims and evidence to the court at the petition and response petition stages.
4. Expert Review: Due to the technical nature of medical matters, administrative courts often obtain reports from expert witnesses (from the Forensic Medicine Institute or university medical schools) to decide on the merits of the case. These reports are crucial for determining the existence of medical malpractice, the extent of fault, and the extent of damages. There is also the right to object to the expert report.
5. Hearing and Decision: After completing the necessary examinations and expert evaluations, the court may hold a hearing and give its decision on the merits of the case.
6. Legal Remedies: The parties have the right to resort to legal remedies such as appeal and cassation against the court’s decision.
Compensation Types and Calculation
In full jurisdiction lawsuits filed as a result of faulty medical intervention, compensation can be claimed under two main headings: pecuniary damages and non-pecuniary damages.
Financial Compensation
Monetary compensation aims to compensate the patient for tangible economic losses. These losses may include:
* Treatment Expenses: Expenses such as additional treatment, medication, surgery, physical therapy, etc., arising from faulty intervention.
* Loss of Earnings: Loss of income suffered by the patient due to temporary or permanent disability.
* Loss of Earning Capacity: A decrease in the patient’s future earning potential.
* Compensation for Loss of Support: Damages suffered by the dependents of a patient who died as a result of faulty intervention.
* Funeral and Burial Expenses: Expenses incurred in the event of death.
The calculation of financial compensation is made by expert witnesses, taking into account factors such as the patient’s age, occupation, income, and disability rating. These calculations are generally quite detailed and include future damages.
Non-pecuniary Damages
Non-pecuniary damages are intended to compensate for intangible losses such as physical and mental pain, suffering, distress, shock, and psychological trauma suffered by the patient or their relatives as a result of faulty medical intervention. The amount of non-pecuniary damages is at the discretion of the judge and is determined by considering criteria such as the severity of the incident, the parties’ social and economic circumstances, the extent of fault, and the nature of the damages. The purpose is to alleviate the suffering, even if only to a small extent.
Antalya-Specific Litigation Process and Things to Consider
Antalya is one of Türkiye’s largest and fastest-growing cities. This increases demand for healthcare services, which can lead to congestion in public hospitals. Cases of medical malpractice in the city’s public hospitals are resolved in the Antalya Administrative Courts.
For victims of medical malpractice at a public hospital in Antalya, seeking the support of a lawyer familiar with local legal dynamics can positively impact the outcome of their case. Knowledge of the functioning of local courts, expert witness appointment processes, and precedent-setting decisions is crucial for developing sound litigation strategies. Furthermore, considering the psychological and financial burden of litigation, professional legal support can help victims navigate this challenging process less harshly.
Medical malpractice lawsuits can involve lengthy and complex processes. However, persevering in your pursuit of justice and taking the right legal steps is crucial to ensuring compensation for the harm suffered by victims and ensuring justice. Being vigilant at every stage of the process, gathering complete evidence, and seeking legal counsel are essential to protecting rights.
Being the victim of medical malpractice is an unfortunate situation that can cause deep wounds, both physically and psychologically. However, the Turkish legal system offers various avenues for redressing such grievances. As detailed above, the legal process following a medical malpractice at a state hospital in Antalya is being conducted as a full-fledged administrative court case. In this complex process, taking the right steps, gathering sufficient evidence, and, most importantly, seeking the support of an expert legal professional are critical to avoiding loss of rights and achieving justice. It’s crucial to remember that timely and appropriate legal intervention is the most effective step toward redressing a grievance.