(Published at 30/10/2024)

Rights of Foreign Patients in Turkish Health Tourism to Claim Compensation

Turkey has emerged as a top destination for health tourism, attracting patients from around the world seeking reliable and affordable medical treatment. Foreign patients are entitled to safe and effective care, whether undergoing dental procedures, cosmetic treatments, complex surgeries, or emergency interventions. While Turkey has established itself with a high standard of medical care, complications or unexpected outcomes may arise, occasionally leaving patients dissatisfied. Turkish law provides clear avenues for foreign patients to seek compensation when medical standards fall short, ensuring that patients’ rights are upheld and accountability maintained.

This article explores the rights of foreign patients to claim compensation, examining the types of treatments covered, the nature of material and moral compensation, and the specialized processes for pursuing health-related claims in Turkish Consumer Courts.

1. Types of Treatments Covered

Foreign patients in Turkey may seek compensation following complications in a variety of medical treatments, including:

• Dental Procedures: Common claims may arise from complications with dental implants, root canal treatments, and tooth extractions.

• Aesthetic Treatments: These include cosmetic surgeries and minimally invasive procedures like Botox, liposuction, and facelifts. Given the high expectations associated with aesthetic outcomes, patients may seek compensation for unsatisfactory results or complications.

• Complex Surgeries: Surgical procedures, especially those involving complex techniques or high-risk areas, can lead to claims when outcomes do not align with standard care expectations.

• Emergency Treatments: Emergency care, often needed in urgent situations, must be delivered with utmost precision. Any misdiagnosis or error in emergency procedures could lead to claims.

2. Material and Moral Compensation in Turkey

Foreign patients who experience medical complications may be entitled to two primary types of compensation:

• Material Compensation: This compensation is designed to cover actual financial losses related to the adverse medical outcome. For example, it may include the costs of corrective treatment, additional medical care, travel expenses related to treatment, and any loss of income due to the health issue.

• Moral Compensation: Recognizing the emotional toll of a poor medical experience, Turkish law allows for moral compensation based on pain and suffering, mental distress, or damage to physical appearance, particularly relevant in cases of aesthetic treatments.

3. Filing Claims Through Turkish Consumer Courts

In Turkey, claims related to medical complications for foreign patients fall under the jurisdiction of Turkish Consumer Courts, which are structured to protect patient rights and provide an accessible legal avenue for compensation.

• Lower Costs for Claimants: Unlike other courts, Turkish Consumer Courts only require the payment of court expenses, without additional court fees. This policy helps ensure that claimants, including foreign patients, can affordably seek justice.

• Simplified and Patient-Friendly Process: Turkey’s Consumer Courts are designed with a straightforward approach and procedural rules aimed at protecting consumer rights, making it easier for patients—especially those unfamiliar with the Turkish legal system—to navigate the legal process.

4. Mandatory Mediation for Health Claims

Before a claim can be filed, Turkish law mandates an obligatory mediation process. This requires patients and medical providers to engage in a mediation session facilitated by a qualified mediator, who will attempt to negotiate a resolution that satisfies both parties. Mediation offers significant benefits, such as reduced time and costs, as well as the potential to reach an amicable solution without the need for a formal lawsuit.

If mediation is unsuccessful, patients can proceed to file their claim in the Consumer Courts.

5. Submitting a Specialist Report to the Court

For foreign patients filing a claim for medical compensation, providing a specialist report from an independent, qualified Turkish expert in the relevant medical field can significantly strengthen the case. This report offers an evaluation of whether negligence occurred and assists the court in determining if the care provided adhered to standard medical practices.

A specialist report is essential for establishing the claim’s credibility, as it provides an unbiased assessment of whether the adverse outcome resulted from a preventable error or a failure to meet accepted standards of care. This objective insight can be pivotal in achieving a favorable outcome for the patient.

Conclusion

Turkey’s health tourism industry offers quality care at affordable costs, yet also encompasses the rights of patients to seek compensation if expected outcomes are not achieved. The rights of foreign patients are clearly protected under legal provisions, with the Turkish legal system ensuring the security of claims through Consumer Courts’ consumer rights-focused processes, mandatory mediation, and independent specialist reports, which facilitate and support a fair resolution process.

 

As Payas & Payas in Izmir, we are dedicated to assisting foreign clients in seeking compensation for damages resulting from inadequate medical care or complications following medical treatment in Turkey.