How to File a Medical Malpractice Claim Istanbul as a Foreigner

Medical tourism in Istanbul is booming. Thousands of international patients travel to Turkey each year for cosmetic surgery, hair transplants, dental care, and fertility treatments. While many of these procedures are successful, complications caused by negligence do happen—and when they do, foreign patients often feel helpless navigating a different legal system.

If you’re a foreigner who believes they were harmed due to medical negligence, this guide explains everything you need to know about filing a medical malpractice claim Istanbul, including how to protect your rights and seek compensation.


What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider—doctor, dentist, surgeon, or hospital—fails to provide treatment that meets the accepted standard of care, causing harm to the patient. Common cases include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors (e.g., organ damage, nerve injury)
  • Poor post-operative care or infections
  • Lack of informed consent
  • Defective implants or unlicensed practitioners

In Istanbul, malpractice laws are designed to protect both local and international patients. However, the legal process can be complex—especially if you’re not familiar with Turkish law.


Why Foreigners Face Unique Challenges

Filing a medical malpractice claim Istanbul as a foreigner can be overwhelming due to:

  • Language Barriers: Medical and legal documents are in Turkish.
  • Document Access: Some clinics may withhold records or delay responses.
  • Travel Restrictions: Managing a case from abroad requires remote communication or legal representation.
  • Legal Complexity: Turkish civil law is different from Anglo-American systems, with specific deadlines and evidence rules.

This makes it critical to work with a medical malpractice lawyer Istanbul who has experience representing international clients.


Step-by-Step: How to File a Medical Malpractice Claim Istanbul

1. Document Everything Immediately

Start gathering all relevant information as soon as you suspect negligence. This includes:

  • Medical records, prescriptions, X-rays, and before/after photos
  • Appointment summaries and discharge papers
  • Emails, messages, or calls with the clinic or doctor
  • Receipts for payment
  • Passport stamp or visa proof of visit

2. Seek a Second Medical Opinion

This is vital. A second opinion from an independent doctor in your home country or Turkey can:

  • Validate your suspicion of malpractice
  • Confirm the extent of the damage
  • Strengthen your legal claim with expert testimony

This new doctor mustn’t be affiliated with the original clinic.


3. Consult a Medical Malpractice Lawyer Istanbul

Engage a local attorney experienced in medical malpractice Istanbul cases, especially those involving foreign patients.

Your lawyer will:

  • Review your documents and medical evidence
  • Request hospital and clinic records on your behalf
  • Translate legal and medical information into your language
  • File the formal complaint with the appropriate court or regulatory authority
  • Represent you in court or negotiate a settlement

4. File a Formal Complaint with Authorities

Before launching a lawsuit, your lawyer may advise you to submit a complaint to:

  • The Turkish Ministry of Health
  • The Turkish Medical Association (TTB)
  • Clinic’s internal legal department (if applicable)

These organizations will investigate the claim. If the complaint doesn’t lead to compensation, you may escalate to a lawsuit.


5. Initiate a Lawsuit in Turkish Civil Court

To file a lawsuit, your lawyer must prove:

  • Duty of Care – the doctor had a legal obligation to treat you properly
  • Breach of Duty – they failed to meet the expected standard
  • Causation – their actions directly harmed you
  • Damages – you suffered physical, financial, or emotional loss

If successful, the court may award you:

  • Compensation for additional medical expenses
  • Lost wages or travel costs
  • Pain and suffering (emotional damages)
  • Cost of future corrective treatments

6. Understand the Statute of Limitations

In Turkey, the statute of limitations for medical malpractice is typically five years from the date of the incident or from when the harm was discovered. Don’t wait. The earlier you file, the easier it is to gather records and expert testimony.


How Oran Partners Can Help

At Oran Partners, we specialize exclusively in medical malpractice and have decades of experience helping foreign clients file claims in Turkey.

Why Clients Trust Us:

  • We handle all legal correspondence in English
  • Remote case management via email, video, and phone
  • We collect all documents and medical reports on your behalf
  • Transparent pricing and communication
  • A proven track record in surgery, transplant, and dental malpractice claims

Tips for Foreign Victims of Medical Negligence

Act quickly before the statute expires.
Avoid negotiating directly with clinics; always use legal representation.
Keep digital and hard copies of all documents
Ask your lawyer for regular updates in your native language
Be cautious of unlicensed brokers or intermediaries offering “quick” settlements


Final Thoughts: Seek Justice, Not Just Apologies

Being harmed in a foreign country is traumatic. But you don’t have to suffer in silence. With the help of a skilled medical malpractice lawyer Istanbul, you can demand accountability and receive fair compensation.

Whether you underwent a cosmetic procedure, transplant, dental operation, or fertility treatment, your health and dignity matter. If a medical provider failed you, Oran Partners is here to help