An Introduction to Turkish Health Law for Health Tourism Patients in Turkey

If you are a medical tourist who has had a negative experience, it is crucial to understand that Turkish law provides a robust framework to protect you. At HB Law Firm, we believe that informed patients are empowered patients. This guide offers a brief overview of your legal rights and the protections available to you under Turkish Health Law.

Your Rights as an International Patient in Turkey

A cornerstone of the Turkish legal system is the Patient Rights Regulation, which explicitly states that all individuals receiving healthcare services are entitled to the same rights, regardless of nationality, language, or social status. This means that as a foreign patient, you have the same fundamental protections as a Turkish citizen. Key rights include:

* The Right to Information: You have the right to be fully informed about your medical condition, the proposed treatment, potential risks, benefits, and alternative options. Crucially, this information must be provided in a language you can clearly understand.

* The Right to Consent (Informed Consent): A medical procedure cannot be performed without your "informed consent" (aydınlatılmış rıza). This is more than just a signature on a form. It means you have had a detailed discussion and truly understand what you are agreeing to. In a legal dispute, the burden of proving that valid informed consent was obtained falls on the doctor and the hospital.

* The Right to Access Medical Records: You are entitled to review and receive copies of all your medical records.

* The Right to Privacy: Your personal and medical information must be kept confidential.

Understanding Medical Malpractice and Provider Responsibility

Medical malpractice occurs when a healthcare provider's negligence—whether through a lack of skill, carelessness, or a failure to meet professional standards—causes harm to a patient. In Turkey, the relationship between a patient and a private provider is typically viewed as a contract. This means the clinic or hospital has a contractual obligation to provide care with the utmost diligence.

For cosmetic procedures, this is often considered an "eser sözleşmesi" (contract of work), where the provider is legally expected to deliver a specific, agreed-upon result. Failure to do so can be a breach of contract, making it easier to seek compensation.

New Regulations Strengthening Patient Protection

Recognizing the growth of medical tourism, Turkish authorities have implemented the International Health Tourism and Tourist's Health Regulation. This new law introduces critical protections specifically for foreign patients:

* Mandatory Complication Insurance: For many surgical and interventional procedures, healthcare providers are now required to have compulsory insurance to cover complications.

* Shared Responsibility: The regulation clarifies that both the healthcare facility (hospital/clinic) and any intermediary agency you used are legally responsible for the services provided. This prevents agencies from shifting blame and ensures accountability.

How HB Law Firm Can Help

Navigating a medical malpractice claim in Turkey involves complex procedures and strict deadlines (statutes of limitation). The correct court—whether a Consumer Court, Commercial Court, or Administrative Court—depends on the specific details of your case.

At HB Law Firm, we specialize in health law and representing international patients. We understand the nuances of the Turkish legal system and are dedicated to advocating for your rights. We can help you gather necessary evidence, secure independent medical expert opinions, and navigate the legal process to seek the justice and compensation you deserve.

Your health tourism journey should be a positive one. If it wasn't, you are not alone, and you have powerful legal protections. Contact us for a confidential consultation to learn how we can help.