Health and Medical Law

Why Does Health Law Require Special Expertise?

Health Law is one of the most sensitive branches of law regarding both human life and fundamental rights.

Medical errors, misdiagnosis, negligence, or hospital management errors lead not only to physical but also to non-pecuniary (emotional) damages.

At SVK Law, we protect the rights of patients, physicians, and healthcare institutions in disputes arising at the intersection of medicine, ethics, and law.

In legal processes, we act with an approach that commands not only the legislation but also medical expert reports and ethical standards.

Medical Malpractice Lawsuits

Malpractice is the situation where a physician causes harm due to lack of care, attention, or knowledge while practicing their profession. In such cases, the patient or their relatives can file a lawsuit for pecuniary and non-pecuniary damages.

Examples of Malpractice:

  • Misdiagnosis or incorrect treatment

  • Unnecessary surgery

  • Anesthesia errors

  • Post-operative infection

  • Unauthorized intervention

The Process:

  • Collection of evidence (Epicrisis, prescriptions, medical reports)

  • Expert witness examination

  • Claim for pecuniary and non-pecuniary compensation

SVK Law closely monitors Council of Forensic Medicine and Ministry of Health reports and analyzes the file with technical details.

Patient Rights and Compensation Lawsuits

Every individual has the right to information, consent, and privacy while receiving health services. Violation of these rights gives rise to the right to compensation according to patient rights legislation.

Fundamental Patient Rights:

  • Informed Consent

  • Right to participate in treatment

  • Confidentiality and privacy

  • Right to access health records

In case of violation, a lawsuit can be filed against both the healthcare institution and the physician. As SVK Law, we manage the process of documenting the patients’ grievances and preparing an ethically strong case file.

Physician and Healthcare Institution Liability

Physicians and healthcare institutions work under a duty of care and service responsibility. If harm arises as a result of medical intervention, lack of information, or faulty device usage, legal liability occurs.

Types of Liability:

  • Physician’s Personal Fault (Private liability)

  • Hospital’s Organizational Fault (Corporate liability)

  • Administrative Liability in Public Hospitals (Full remedy action / Tam Yargı Davası)

In these lawsuits, expert reports, internal regulations, and job descriptions are examined. SVK Law blends technical defense texts with both medical and legal language.

Administrative Applications and Ministry of Health Processes

Most health law lawsuits begin with administrative processes first:

  • Complaint to the Ministry of Health

  • Application to the Patient Rights Board

  • Processes with the Medical Chamber or High Health Council

These applications serve as evidence before the lawsuit. If done completely, they can be used as evidence in favor in future lawsuits. SVK Law prepares these applications on behalf of the client and follows the process with official authorities.

Insurance, Aesthetic Operations, and Private Hospital Disputes

Disputes arising from contracts frequently occur in private services such as plastic surgery, dental treatment, IVF, and laser treatments. If the patient is not informed or if a faulty procedure is performed, a lawsuit can be filed with the claim of “service defect.”

Additionally, in cases of “refusal to pay” or “incomplete compensation” arising from the relationship between insurance companies and hospitals, SVK Law conducts lawsuits in favor of both the patient and the institution.

Required Documents (For Health Lawsuits)

  • Epicrisis (Discharge Summary) and surgery reports

  • Prescriptions and laboratory results

  • Imaging records (X-ray, MRI, etc.)

  • Informed Consent Form

  • Witness statements

  • Ministry of Health and Medical Chamber correspondence

Filing a lawsuit without these documents is risky; therefore, document management before the process is important.

How Long Do Health Law Lawsuits Take?

  • Medical Malpractice: 1 – 3 years

  • Patient Rights Violations: 1 – 2 years

  • Administrative Lawsuits (Public Hospitals): 2 – 4 years

These lawsuits require technical expertise; the process is usually prolonged depending on expert witness and forensic medicine reports.

Frequently Asked Questions (Health Law)

How is a physician's error proved?

It is proved by medical documents, expert witness reports, and the patient file.

Generally, it must be filed within 2 years from learning of the harm, and in any case, within 10 years.

Yes, but through administrative judiciary (Full remedy action).

Not every complication is an error; it is considered malpractice only if the physician violated the duty of care.

A compensation lawsuit can be filed based on service defect or breach of contract.

SVK Law provides services with approaches that preserve the scientific, ethical, and legal balance in the field of Health and Medical Law.

Thanks to Attorney Merve Öz’s master’s degree and academic studies in the field of Health Law, files are analyzed at a technical level.

Our Service Areas:

  • Malpractice lawsuits

  • Patient rights violations

  • Physician liability

  • Health insurance and private hospital disputes

“Our goal is to ensure that the client receives a fair and fast result without loss of rights.”

Health and Medical Law

Medical malpractice (doctor errors), patient rights violations, hospital liability, and ethics committee applications.

Contact

Follow Us on Social Media

Avukat Müge Şeviker İzmir Hukuk Bürosu

Other Practice Areas

Labor and Employment Law

Labor and Employment Law

Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.

Family and Divorce Law

Family and Divorce Law

Expertise in uncontested and contested divorce, custody, alimony, matrimonial property regimes, and domestic protection orders.

Enforcement Law

Enforcement Law

Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.

Inheritance Law

Inheritance Law

Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.

Criminal Law

Criminal Law

Effective defense during investigation and prosecution stages; legal representation in detention, arrest, judicial control, and appeal processes.

Frequently Asked Questions

Frequently Asked Questions

You can learn about your legal processes by browsing our Frequently Asked Questions page. Additionally, you can submit your inquiries to us by clicking the "Contact Us" button below.

You Deserve More Than Just Legal Aid

Let’s determine together how your legal future will be shaped by contacting us.