Misdiagnosis vs. Medical Negligence: Understanding the Difference and Your Rights in Turkey

When medical treatment doesn’t go as planned, patients can feel confused, frustrated, and unsure if what happened counts as malpractice. Two terms often come up in these situations: misdiagnosis and medical negligence. Although they sound similar, they are different. Understanding the difference is key to knowing if you have a legal claim.
At Oran Partners, Turkey’s only law firm dedicated solely to medical malpractice, we have helped many clients, both local and international, figure out if their case involves misdiagnosis, negligence, or both. This guide explains the differences, how Turkish law handles these issues, and what to do if you think you have been affected.

What Is Misdiagnosis?

Misdiagnosis occurs when a healthcare professional incorrectly identifies a patient’s condition or fails to diagnose an existing illness altogether. This can happen in three main ways:
  • Wrong diagnosis – The doctor identifies the wrong disease or condition.
  • Missed diagnosis – The doctor fails to identify any condition when one exists.
  • Delayed diagnosis – The condition is diagnosed correctly, but only after a harmful delay.

Common examples include:

  • Diagnosing acid reflux when the patient is actually having a heart attack.
  • Failing to detect breast cancer during the early stages.
  • Mistaking a bacterial infection for a viral one and prescribing ineffective medication.
In each of these cases, the patient may lose critical treatment time, potentially worsening their condition.

Misdiagnosis Is Not Always Negligence

Not every misdiagnosis counts as medical negligence. Medicine is complex, and even experienced doctors can make mistakes while following accepted standards.
A misdiagnosis becomes legally significant only if:
  • It results from a failure to meet the accepted standard of care.
  • The error was preventable with proper medical attention.
  • It directly caused harm to the patient.
For example, if a doctor misses a cancer diagnosis by ignoring clear test results or not ordering needed scans, this could be negligence. However, if all the right tests were done and the disease still could not be found, it may not be a legal issue.

What Is Medical Negligence?

Medical negligence is a broad legal term for situations where a healthcare provider does not act with the skill, competence, or care expected from a professional in similar situations.
Negligence can occur during:
  • Diagnosis – including misdiagnosis or delayed diagnosis.
  • Treatment – such as surgical errors, anesthesia mistakes, or incorrect prescriptions.
  • Post-operative care – failing to detect or treat complications in time.
  • Informed consent – not explaining the risks, benefits, and alternatives before a procedure.
Misdiagnosis is just one subset of medical negligence, but not every misdMisdiagnosis is one type of medical negligence, but not every misdiagnosis meets the legal standards for malpractice. for medical negligence—including those involving misdiagnosis—requires proving four key elements:
  1. Duty of Care – The healthcare provider had an obligation to treat you according to accepted medical standards.
  2. Breach of Duty – The provider failed to meet those standards (e.g., not ordering essential diagnostic tests).
  3. Causation – The breach directly caused your injury or worsened your condition.
  4. Damages – You suffered measurable harm (physical, emotional, or financial).
If any of these four elements are missing, you may not have a strong malpractice claim.

How to Determine If You Have a Case

If you suspect you’ve been harmed by a misdiagnosis, ask yourself:
  • Was the diagnosis clearly wrong or unreasonable? Did another qualified doctor later find a completely different condition?
  • Did the misdiagnosis cause a delay in essential treatment?
  • Did it lead to the wrong treatment or surgery?
  • Did it result in physical harm, emotional distress, or financial loss?
If you answered yes to these questions, it is a good idea to have a medical malpractice lawyer review your case.

Examples of Misdiagnosis Leading to Negligence

  1. Cancer Misdiagnosis – A patient with early-stage lung cancer is told they have bronchitis. By the time the cancer is detected, it has spread and is no longer operable.
  2. Infectious Disease Error – A child with meningitis is misdiagnosed with the flu and sent home. The delay results in permanent neurological damage.
  3. Cosmetic Surgery Consultation Error – An international patient is misdiagnosed during a pre-surgery assessment and receives the wrong cosmetic procedure, leading to disfigurement and emotional trauma.
In each of these examples, a correct and timely diagnosis could have prevented the harm.

Challenges for International Patients in Turkey

For people from other countries, making a misdiagnosis or negligence claim in Turkey can be more complicated because of:
  • Language barriers, which can lead to misunderstanding symptoms or test results.
  • Incomplete medical history, especially if prior treatment was abroad.
  • Unfamiliarity with Turkish legal procedures, making it unclear whether a claim is possible.
Oran Partners helps international patients by:
  • Offering multilingual legal support in English, Arabic, Russian, and more.
  • Coordinating with medical experts to review all evidence.
  • Handling cross-border legal communication and document translation.

How Oran Partners Can Help

As the only law firm in Turkey focused only on medical malpractice, we are especially qualified to handle misdiagnosis and negligence claims.
We assist by:
  • Collecting and reviewing medical records from hospitals and clinics.
  • Consulting medical experts to confirm whether malpractice occurred.
  • Assessing the strength of your case before legal proceedings.
  • Representing you in negotiations or court to secure fair compensation.
Our goal is to protect your rights,Our goal is to protect your rights, make sure your concerns are heard, and help you get the best possible compensation.dical malpractice claims in Turkey are subject to strict statutes of limitations. These vary depending on:
  • The type of treatment
  • When the harm was discovered
  • Whether criminal negligence is involved
In many cases, youIn many cases, you have between 2 and 5 years to file a claim. Acting quickly can help you:l evidence (records, test results, witness statements)
  • Avoid missing legal deadlines
  • Strengthen your case while the details are fresh

Take Action Today

If you believe you haveIf you think you have been harmed by misdiagnosis or another type of medical negligence in Turkey, it is important to act quickly. Evidence can be lost, deadlines can pass, and waiting too long can make it harder to get justice. today for a free, confidential consultation.
We will evaluate your situation, explain your legal options, and help you determine if you have a claim worth pursuing.