MALPRACTICE–COMPLICATION DISTINCTION
Especially in malpractice-related lawsuits, it is of great importance to distinguish between malpractice and complications when evaluating the facts. Indeed, every medical intervention carries certain risks. A complication refers to pathological events that occur during the course of a disease and to the transformation of a medical condition into another disorder.
As discussed in our previous article, malpractice is briefly defined as a medical error. In modern law, no separate special provisions are enacted regarding the liability of professionals. Liability is general fault-based liability. For this reason, a physician’s liability arises only from negligent errors in practice. By contrast, a physician cannot be held liable for complications. If the requirements and rules of medicine have been followed but the outcome has not changed, neither the physician nor the hospital can be held liable.
In a complication, unlike malpractice, there is no physician error involved. A complication covers situations in which an adverse outcome occurs despite all necessary precautions having been taken.
Compensation Liability Due to Malpractice
If the physician and/or healthcare institution culpably breaches their responsibilities arising from medical law, and the patient suffers harm as a result, the resulting damages must be compensated. The primary objective of lawsuits filed due to medical malpractice is to remedy the material and moral damages suffered by the patient.
MATERIAL COMPENSATION IN MEDICAL MALPRACTICE LAWSUITS
When discussing the concept of pecuniary compensation, it is first necessary to address pecuniary damage. In terms of medical law, pecuniary damage refers to the financially measurable loss between the patient’s current condition and the condition the patient would have been in if a successful treatment or surgery had been performed. In compensation for bodily injuries arising from cosmetic surgery, the injured party may claim the following as pecuniary compensation pursuant to Article 54 of the Turkish Code of Obligations:
- Treatment expenses,
- Loss of earnings,
- Losses arising from a reduction or loss of working capacity,
- May claim damages arising from the disruption of their economic future.
To this,
- Other damages may be added, such as loss of support and funeral expenses arising from death.
The first category of pecuniary damages that may be claimed in cases of medical malpractice is treatment expenses. Treatment expenses may include the costs of re-diagnosis, treatment, surgery, medication, hospitalization, accommodation, transportation, recovery, as well as caregiver and domestic assistance services required to remedy the damage.
NON-PECUNIARY DAMAGES IN MEDICAL MALPRACTICE LAWSUITS
In order to discuss the concept of non-pecuniary (moral) compensation, it is first necessary to explain non-pecuniary damage. In legal doctrine, non-pecuniary damage has been defined as “the physical and emotional suffering experienced by the patient as a result of improper treatment, and the reduction in the enjoyment of life.” The psychological harm, anxiety, or emotional disorders experienced by the patient constitute the person’s non-pecuniary damages.
Moral compensation, on the other hand, is the compensation of the non-pecuniary damages mentioned above. Moral compensation is regulated under Article 56 of the Turkish Code of Obligations. It aims to provide satisfaction that will relieve, or at least reduce, the pain and suffering experienced by the injured patient as a result of the damage sustained.
In a precedent case, a cosmetic surgery performed for upper eyelid and mid-face (cheek) lifting resulted in postoperative deformity and downward sagging. A second operation was performed by the defendant; however, the desired outcome could not be achieved. Upon review, the high court held that moral compensation should be awarded in favor of the plaintiff because the plaintiff had failed to obtain the intended result from the operations.
RESULT
The distinction between malpractice and complication forms the basis of lawsuits filed in the field of health law. While a physician cannot be held liable for unavoidable complications that arise as a result of an intervention performed in accordance with medical standards, compensation liability may arise for the doctor, hospital, health tourism agency (if health tourism services are involved), and, where applicable, other healthcare institutions for damages resulting from a breach of the duty of care and diligence.
For this reason, it is important for patients who experience unexpected harm following a medical intervention to obtain legal support from an attorney specialized in health law in order to assess whether the incident constitutes a complication or malpractice. Especially in disputes involving malpractice compensation, medical negligence lawsuits, cosmetic surgery malpractice, and medical negligence arising from health tourism, an early legal assessment is of great importance in preventing the loss of legal rights.
Attorney İdil Zeynep Yağlıca
09.06.2026
Zen Law Partners
