Birth Injury Malpractice in Turkey – Understanding Your Rights and Legal Options

Birth is a moment families anticipate with joy and hope, but when medical negligence leads to a birth injury, the experience can be deeply traumatic. These injuries can have lifelong consequences for both the child and the parents—physically, emotionally, and financially.

While some birth complications are unavoidable, others result directly from medical malpractice during pregnancy, labor, or delivery. In such cases, understanding your rights and the legal avenues available in Turkey is critical to ensuring justice and securing the compensation needed for care and recovery.

What Is Birth Injury Malpractice?

Birth injury malpractice occurs when a healthcare professional fails to meet the accepted standard of care, and this negligence results in harm to the mother, the baby, or both. This can happen during antenatal care, labor, delivery, or immediate postnatal care.

Common Causes of Birth Injury Malpractice

  1. Improper Monitoring
    • Failing to track fetal heart rate or maternal vital signs during labor, missing early warning signs of distress.
  2. Delayed Cesarean Section
    • Not performing a C-section promptly when complications such as fetal distress, placenta previa, or cord prolapse occur.
  3. Improper Use of Instruments
    • Misusing forceps or vacuum extractors, causing head trauma, nerve injuries, or fractures.
  4. Medication Errors
    • Administering incorrect drugs or dosages during labor, leading to adverse effects for mother or child.
  5. Failure to Diagnose
    • Missing critical conditions such as placental abruption, preeclampsia, or umbilical cord issues.

Common Types of Birth Injuries Caused by Malpractice

Birth injuries can range from temporary conditions to permanent disabilities. Examples include:

  • Cerebral Palsy – Often caused by oxygen deprivation during delivery.
  • Erb’s Palsy – Injury to the brachial plexus nerves, leading to weakness or paralysis in one arm.
  • Fractures – Broken bones from improper handling during delivery.
  • Hypoxic-Ischemic Encephalopathy (HIE) – Brain damage caused by prolonged oxygen deprivation.
  • Maternal Injuries – Severe tearing, hemorrhaging, or infections due to poor medical care.

Legal Framework for Birth Injury Claims in Turkey

Turkey has established laws to protect patients’ rights and ensure that healthcare providers deliver care in line with professional standards. If a medical professional fails in this duty and causes harm, the victim has the right to pursue a malpractice claim.

1. Statute of Limitations

In Turkey, the general time limit for filing a medical malpractice claim is five years from the date of the incident or from when the injury was discovered. Acting promptly is essential, as missing this deadline can mean losing your legal right to seek compensation.

2. Burden of Proof

To win a birth injury malpractice case, you must prove:

  • Duty of Care – The healthcare provider had an obligation to treat you competently.
  • Breach of Duty – The provider acted negligently or failed to follow accepted medical practices.
  • Causation – The negligence directly caused the injury.
  • Damages – You suffered measurable harm (physical, emotional, financial).

3. The Role of Expert Testimony

In most birth injury malpractice cases, medical expert witnesses are required. Specialists in obstetrics, gynecology, neonatology, or pediatrics review medical records and testify whether the standard of care was breached.

Compensation Available in Birth Injury Cases

If malpractice is proven, victims may be entitled to financial compensation for:

  • Medical Expenses – Past, ongoing, and future medical costs related to the injury.
  • Rehabilitation Costs – Physical therapy, occupational therapy, or special education services.
  • Pain and Suffering – Emotional distress and loss of quality of life.
  • Loss of Income – For parents or caregivers who must stop working or reduce hours to care for the child.
  • Future Care Needs – Costs for lifetime medical or supportive care if the injury results in permanent disability.

Challenges for Families – Especially International Patients

While the law is clear, pursuing a birth injury malpractice claim in Turkey can be challenging, especially for families who are not residents:

  • Language Barriers – All legal documents and court proceedings are in Turkish.
  • Access to Evidence – Medical records can be difficult to obtain without legal intervention.
  • Emotional Strain – Families are often still adjusting to the medical and emotional impact of the injury.
  • Distance – International clients may find it difficult to coordinate legal actions from abroad.

This is why specialized legal representation is vital.

How Oran Partners Can Help

At Oran Partners, we are Turkey’s only law firm exclusively focused on medical malpractice cases. With over 100 years of combined legal experience, we have represented numerous families—both Turkish and international—affected by birth injury malpractice.

Why Choose Us?

  • Specialized Expertise – We focus solely on medical malpractice, giving us deep knowledge of both legal and medical complexities.
  • International Representation – We are experienced in helping foreign nationals overcome legal and communication barriers.
  • Proven Track Record – We have secured significant settlements and verdicts for families impacted by birth injuries.
  • Compassionate Support – We understand that these cases are deeply personal and handle them with sensitivity and care.

Our Process

  1. Case Evaluation – Reviewing your medical records and consulting with medical experts.
  2. Evidence Collection – Gathering documentation, photographs, and witness statements.
  3. Filing Complaints – Submitting formal claims to the Turkish Ministry of Health or relevant medical boards.
  4. Litigation or Settlement – Pursuing the best possible outcome through negotiation or court action.
  5. Ongoing Communication – Keeping you updated every step of the way.

Steps to Take If You Suspect Birth Injury Malpractice

  1. Seek Immediate Medical Attention
    • Ensure the child and mother receive all necessary care to prevent further harm.
  2. Document Everything
    • Keep all prenatal, delivery, and postnatal medical records, photographs, and written communications with healthcare providers.
  3. Get a Second Medical Opinion
    • Have another qualified doctor evaluate your case to determine if malpractice may have occurred.
  4. Contact a Medical Malpractice Lawyer
    • Speak to a law firm with experience in birth injury claims to assess your options.
  5. Act Promptly
    • Starting early increases the chances of securing vital evidence and meeting legal deadlines.

Conclusion – Seeking Justice for Birth Injury Victims in Turkey

A birth injury can change the course of a family’s life forever. While some complications are unavoidable, injuries caused by medical negligence should never be ignored.

If you believe you or your child has suffered from birth injury malpractice in Turkey, it is essential to act quickly and secure expert legal representation. With the right guidance, you can hold negligent parties accountable, obtain compensation for your losses, and ensure your family has the resources it needs for the future.