Best Medical Malpractice Lawyers in Mersin

About Medical Malpractice Law in Mersin, Turkey:

Medical malpractice in Mersin, Turkey, refers to a situation when healthcare professionals breach the rules and standards of medical sciences leading to harm in patients. This could range from the wrong diagnosis, improper medical procedure, wrong medication or dosage, neglect, or delay causing an adverse reaction or even leading to fatalities. In Turkey, the Health Services Fundamental Law, the Turkish Penal Code and the Law on the Rights of Patients govern the legal framework for medical malpractice.

Why You May Need a Lawyer:

If you or a loved one believes to have been a victim of medical negligence or malpractice, the complexity of evidentiary standards in Turkey and unique legal provisions might require the professional help of a lawyer. Situations such as misdiagnosis, late diagnosis, wrong treatment administered, surgical errors, improper use of anesthesia, or hospital-acquired infections due to negligence require a thorough understanding of malpractice laws. An experienced lawyer can assist by advocating on your behalf, helping gather evidence and guide you throughout the legal proceedings.

Local Laws Overview:

In Turkey, medical malpractice actions are primarily governed by the Turkish Code of Obligations. The health professional may be deemed liable if it can be proved that the methods applied and actions taken deviate from the accepted medical standards. There are three aspects considered in such cases: general medical perspective, local conditions, and individual characteristics of the physician. Unlike some other jurisdictions, there's no cap on the compensation that can be awarded in a malpractice case in Turkey.

Frequently Asked Questions:

1. What is the statute of limitations for medical malpractice in Turkey?

The standard timeframe for filing a medical malpractice claim in Turkey is generally two years from the date of the incident or from when the victim became aware of the potential malpractice. However, under no circumstances can these claims be filed later than ten years from the date of the incident.

2. Who can sue for medical malpractice?

Any patient who believes they have received substandard care leading to tangible harm can sue for medical malpractice. This also extends to the immediate family members of the patient in fatal cases or for minors.

3. Can I sue a hospital for medical malpractice?

Yes, in Turkey, hospitals can also be held accountable for negligent acts, oversight, and systemic failures that lead to patient harm.

4. Can I claim for emotional distress?

Yes, under Turkish law, you can claim for non-material damages, which include emotional distress, psychological trauma, and reduction in life quality as a result of the malpractice.

5. Does medical malpractice always go to court?

No, not all malpractice claims end up in court. Many cases are resolved out of court through settlement negotiations.

Additional Resources:

Contact a local bar association for a list of experienced medical malpractice lawyers and other legal resources in Mersin, Turkey. Consulting the Turkish Ministry of Health's dedicated department dealing with medical malpractice could also be helpful.

Next Steps:

The first step is to determine if you have a viable medical malpractice claim which may require a consult with a medical expert. Following these findings, seek advice from an experienced malpractice lawyer. Keep a record of all medical transactions, treatments received, and symptoms just in case you need them for your lawsuit.