Your position

Medical Malpractice & Health Tourism Claims: Stages, ATK Reports & Timelines

Work out your position in a medical malpractice or surgery negligence claim in Turkey. Understand medical record preservation, mandatory commercial/consumer mediation, and the 5-year tort limitation timeline.

Step-by-step conveyancing and procedure stages

1

Free, confidential assessment

Send us your story and any documents you have. We review them in English against the legal elements of a Turkish negligence claim and tell you honestly whether there is a case worth pursuing.

2

You appoint us remotely

You sign a power of attorney where you live — notarised and apostilled, with a sworn Turkish translation. No need to travel to Türkiye to instruct us.

3

We gather and preserve the evidence

We obtain your full medical records, consent documentation and discharge summary from the Turkish clinic or hospital, and help you secure photographs, communications and an independent medical report at home.

4

Expert and forensic reports

We pursue the expert and forensic medical evidence — through the Council of Forensic Medicine or court-appointed specialists — that establishes whether the standard of care was breached and what harm it caused.

5

The right forum, the right defendants

We confirm whether your claim follows the civil route (private clinic) or the administrative route (public hospital), and identify every party who may be liable, including agencies and intermediaries.

6

We pursue the claim

We file and conduct the claim on your behalf, pressing for the financial losses and the pain-and-suffering compensation you are entitled to under Turkish law — keeping you updated in English at every stage.

Critical statutory deadlines and calendar windows

Deadlines that decide your claim
30 daysPublic/university hospital route: the administration has 30 days to respond to your written application (İYUK No. 2577, Art. 13).
60 daysPublic/university hospital route: the full-remedy action (tam yargı davası) is filed within 60 days of the response (İYUK No. 2577, Art. 13).
1 yearPublic/university hospital route: written application to the administration within 1 year of learning of both the harm and the fault — and in any event within 5 years of the incident (İYUK No. 2577, Art. 13).
2 yearsPrivate treatment, tort framing: generally time-barred 2 years after you learn of the harm and the person responsible (TBK Art. 72).
5 yearsPrivate treatment, contractual (mandate) framing: commonly treated as 5 years (TBK Art. 147/5), though some courts apply the 10-year general period (TBK Art. 146).
10 yearsPrivate treatment, tort framing: in any event 10 years after the act (TBK Art. 72). Where the negligence is also a criminal offence, the longer criminal limitation period can apply (TBK Art. 72; TCK Art. 66).

What to put together before anything else

The expert panel can only assess what is in the file, so the records you preserve largely decide how strong your case is. Whether you are still in Turkey or already home, start assembling this — and do it before the trail cools.

Governing statutory provisions under Turkish law

6098LAW NO.
Turkish Code of Obligations (Türk Borçlar Kanunu) · Arts. 49–56, 72, 146–147

Governs private medical treatment as a mandate-type contract with concurrent liability in tort, and sets out both pecuniary and non-pecuniary damages, reduction for contributory conduct and the limitation periods.

2577LAW NO.
Administrative Procedure Law (İdari Yargılama Usulü Kanunu, İYUK) · Art. 13

Sets the administrative route for treatment at public and university hospitals: prior written application to the administration, the 1-year/5-year window, the 30-day response and the 60-day period to bring the full-remedy action.

5718LAW NO.
Act on Private International Law and Procedure (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, MÖHUK) · Art. 34

Liability arising from an unlawful act is governed by the law of the place where the harm occurred — so treatment that went wrong in Turkey is judged under Turkish law and falls within the jurisdiction of the Turkish courts.

Read the full practice guide

Read our comprehensive practice guide: Medical Malpractice & Health-Tourism Compensation in Turkey

Read the full practice guide
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