Legal Liability and Patient Rights in Medical Procedures
1. Trust and Accountability in Healthcare
Developments in the field of human rights have had a direct impact on the topic of “medical malpractice” within the broader field of health law. Today, the right to health is recognized as a human right in numerous international documents, such as the United Nations Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.
As we noted in our previous article titled “Our Right to Health – II,” Article 56 of the Constitution, which forms the basis of the right to health in Turkey, guarantees that everyone has the right to live in a state of complete physical, mental, and social well-being. Consequently, the right to health is, in a sense, the reflection of human rights in the field of health.
Patient rights are protected by the Constitution of the Republic of Turkey, international agreements, and relevant legislation, and are rights held by every individual seeking to access healthcare services.
With regard to patient rights, there is an imbalance of power in the doctor-patient relationship that works to the patient’s disadvantage; balancing this imbalance as much as possible and protecting the vulnerable party is only possible through the existence of certain rights granted to the patient. In Turkey, the most significant regulations concerning patient rights have been consolidated under a single framework through the Patient Rights Regulation.
The Turkish Code of Obligations does not specify a particular type of contract governing the patient-physician relationship. Consequently, in disputes regarding compensation between the parties, liability is determined in accordance with the terms of the contract established between them. The prevailing view in the legal literature on this subject is that the legal relationship between the patient and the physician is more closely aligned with the elements of an agency contract.
Healthcare is one of the most sensitive areas, directly linked to an individual’s right to life. When a patient seeks medical care, they entrust not only their treatment but also their trust to the physician.
However, in some cases, medical interventions do not produce the expected results and may even harm the patient. This is where the concept of “medical malpractice” comes into play.
“What is medical malpractice?”
“Is every misdiagnosis or failed treatment a case of medical malpractice?”
“Under what circumstances can a patient seek legal recourse?”
The answers to these questions are of great importance to both patients and healthcare professionals.
2. What Is Medical Malpractice?
Derived from the Latin words “male” and “praxis,” the term “malpractice” is often described using various concepts such as “improper medical practice,” “medical misconduct,” “practice error,” and “improper medical conduct”; however, the most widely accepted and commonly used term is “medical error.”
In the simplest terms, it refers to harm caused to a patient as a result of a healthcare professional acting in violation of professional standards. It can be described as a “medical error.” In this context, the patient-physician relationship has always been a central issue in medical practice.
Medical malpractice;
- Misdiagnosis,
- Improper treatment,
- Insufficient information,
- Failure to exercise due care
includes situations such as these.
However, the key point here is that not every adverse outcome can be classified as “malpractice.” Under tort law, liability for damages arises only when actual harm has occurred.
Any conduct by a physician that violates professional standards is considered unlawful, and such a violation;
- If there is a contract in place, a breach of contract,
- If there is no contract and the conditions for acting without authority are not met, liability for tort
manifests itself in this way.
Therefore, for tort liability to arise;
- Illegality,
- Loss,
- Flaw,
- The causal link
must be present.
Main Types of Medical Malpractice:
- Diagnostic Error,
- Treatment and Post-Treatment Errors,
- This is an error related to the organization of healthcare services.
3. What Is a Diagnostic Error? Is Every Error Medical Malpractice?
A physician’s duty to diagnose consists of performing all medical procedures and tests necessary for diagnosis and correctly interpreting the results obtained in accordance with medical science and within the scope of the duty of care.
A breach of this obligation is considered a diagnostic error. In addition, situations in which a physician makes a diagnosis that could negatively impact the course of treatment, or makes an incorrect diagnosis, are also considered diagnostic errors.
Misinterpretation of findings is considered a serious breach of the duty of care only if there is a fundamental error, if a very clear symptom of a disease is not recognized, or if the misdiagnosis is based on the failure to perform essential confirmatory tests.
The following situations may constitute clear misconduct in this area:
- The doctor is unable to diagnose a very obvious condition due to carelessness or inexperience,
- is interpreting it in a way that is indefensible and contrary to the findings of medical science,
- failing to research the basic data,
- failing to check,
- However, they are neglecting the necessary interventions and treatments required to verify the accuracy of the preliminary diagnosis.
This may also be due to diagnostic errors, inadequate initial examination, and insufficient medical history-taking.
In this context, taking the patient’s medical history—which constitutes the first stage of diagnosis—and conducting a diagnostic examination based on that history are mandatory; failing to take the medical history at all or taking an inadequate one, and proceeding with medical treatment without conducting an examination or conducting an incomplete one, constitutes medical malpractice.
The physician has a duty to make an accurate diagnosis by evaluating the patient’s medical history and specific symptoms, and subsequently to select the appropriate treatment method.
4. What Is Medical Malpractice?
Medical malpractice refers to any medical intervention that fails to meet the standard of care expected of a specialist physician; in other words, any intervention in which the necessary care was not exercised in accordance with the principles of medical science.
In general, these are:
- Failure to Intervene
- Foreign Object Left Inside a Patient’s Body
- Choosing the Wrong Treatment Method
- Failure to Conduct the Required Tests
- Wrong Medication, Patient Mix-Up, Surgery on the Wrong Side
- Failure to Follow Infection Control and Hygiene Guidelines.
5. What Is a Post-Treatment Error?
It has been observed that inadequate follow-up after medical procedures can lead to adverse outcomes and result in liability for physicians.
The duty of care in medical treatment applies not only to the treatment phase but also to the post-treatment period.
In this context, the physician’s primary responsibility is to provide post-treatment advice and warnings.
“A breach of this obligation constitutes medical malpractice.”
6. What Is an Organizational Defect?
A hospital may be publicly or privately owned.
Whether the hospital is owned by an individual, a legal entity, or the public sector, the hospital administration bears primary responsibility for medical procedures performed at the hospital.
Indeed, the Council of State;
“The administrative body responsible for providing public health services is obligated to ensure that treatments and surgical procedures performed in hospitals are carried out in accordance with medical principles, by personnel possessing the necessary qualifications, and with the required care and diligence.”
has issued a decisive ruling establishing the principles regarding this matter.
The hospital administration’s primary responsibility is the patient’s care. In addition to this;
- Providing hospital care,
- Patient education,
- Loyalty and care,
- Recording,
- Keeping a secret
It also has ancillary obligations such as these.
Consequently, hospitals today are not merely institutions that provide medical treatment; they are responsible for providing comprehensive care that encompasses all aspects of patient care.
The requirements that inpatient care facilities must meet in order to provide fast, cost-effective, high-quality, and appropriate services are outlined in the “Regulations on the Operation of Inpatient Care Facilities” and the Private Hospitals Law.
These provisions govern the criteria according to which a healthcare institution provides medical services, depending on its size.
Result
Medical malpractice cases are highly sensitive disputes that involve not only legal but also ethical, medical, and social dimensions.
Just as it is crucial to protect patients’ right to health, it is equally important to evaluate physicians in accordance with professional standards.
“Maintaining trust in healthcare is made possible through transparency, a duty of care, and respect for patients’ rights.”
Attorney İdil Zeynep Yağlıca
June 14, 2026
