Legal Resources

Medical & Health Law Glossary

Navigating the legal landscape of medical malpractice in Türkiye can be complex. This glossary provides clear English definitions for key legal and medical terms used in Turkish health law.

Glossary Term

Medical Malpractice

Turkish: Tıbbi Uygulama Hatası / Malpraktis

Medical malpractice is a legal assessment of whether healthcare conduct departed from the applicable professional standard and caused compensable harm. A poor outcome alone does not establish malpractice.

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Glossary Term

Health Law

Turkish: Sağlık Hukuku

Health law is the field governing relationships among patients, professionals, facilities, regulators and payers. In Türkiye it draws on public, private, criminal, consumer and data-protection rules rather than one single health-law code.

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Glossary Term

Informed Consent

Turkish: Aydınlatılmış Onam

Informed consent is the patient's decision after receiving understandable information relevant to the proposed intervention. The review concerns the explanation and decision-making process, not merely whether a form carries a signature.

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Glossary Term

Statute of Limitations

Turkish: Zamanaşımı

A statute of limitations is a time rule that can restrict when a claim or application may be pursued. There is no safe universal deadline for every Turkish medical dispute.

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Glossary Term

Pecuniary Damages

Turkish: Maddi Tazminat

Pecuniary damages concern financial loss that can be evidenced and linked to the event, such as treatment expenses, travel, care needs or lost earnings. They are assessed from proof, not a standard tariff.

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Glossary Term

Non-Pecuniary Damages

Turkish: Manevi Tazminat

Non-pecuniary damages address non-financial harm such as pain, distress and effects on bodily integrity or quality of life. They are distinct from reimbursement of invoices and lost income.

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Glossary Term

Complication

Turkish: Komplikasyon

A complication is an adverse event associated with an illness or intervention. Calling an outcome a complication does not, by itself, decide whether care was appropriate or whether liability exists.

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Glossary Term

Power of Attorney

Turkish: Vekaletname

A power of attorney is an authorisation allowing another person, including a lawyer, to perform specified legal acts for the grantor. Its required form and wording depend on the intended act.

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Glossary Term

Court of Cassation

Turkish: Yargıtay

The Court of Cassation, Yargıtay, is Türkiye's highest appellate court for ordinary civil and criminal justice. Its decisions help explain how legal rules are applied, but a cited decision must be checked in context.

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Glossary Term

Forensic Medicine Institute

Turkish: Adli Tıp Kurumu (ATK)

The Forensic Medicine Institute, Adli Tıp Kurumu, is an official expert institution within Türkiye's justice system. It may provide specialised opinions when requested by competent judicial authorities.

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Glossary Term

Burden of Proof

Turkish: İspat Yükü

The burden of proof determines which party bears the consequence when a legally relevant fact is not established. Its allocation depends on the claim, defence and governing procedural rules.

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Glossary Term

Health Tourism

Turkish: Sağlık Turizmi

International health tourism covers healthcare obtained in Türkiye by qualifying patients who travel from abroad, together with regulated support services. Providers and intermediaries may need specific authorisation.

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Glossary Term

Duty of Care

Turkish: Özen Yükümlülüğü

Duty of care describes the diligence expected within a healthcare relationship. The content of that duty is determined by the provider's role, the patient's condition and the circumstances at the relevant time.

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Glossary Term

Turkish Code of Obligations

Turkish: Türk Borçlar Kanunu (TBK)

The Turkish Code of Obligations, Law No. 6098, contains general rules on contracts, performance, breach, tort and damages. It is a central source for many private healthcare disputes.

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Glossary Term

Mediation

Turkish: Arabuluculuk

Mediation is a confidential facilitated negotiation conducted by a registered neutral. In some categories of Turkish disputes, applying to mediation is a procedural precondition before filing suit.

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Glossary Term

Criminal Liability

Turkish: Cezai Sorumluluk

Criminal liability concerns conduct meeting the elements of an offence under Turkish criminal law. It is separate from civil compensation and professional or administrative review.

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Glossary Term

Standard of Care

Turkish: Tıbbi Standart

The standard of care is the professional benchmark used to evaluate clinical conduct in the circumstances. It is specific to the procedure, specialty, patient and time of treatment.

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Glossary Term

Consumer Law

Turkish: Tüketici Hukuku

Consumer law regulates qualifying transactions between consumers and commercial or professional providers. Some private healthcare disputes may fall within this framework, depending on the parties and transaction.

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Glossary Term

Medical Board Report

Turkish: Sağlık Kurulu Raporu / Heyet Raporu

A medical board report is a formal assessment produced by a committee or authorised health board for a defined purpose. Its scope, issuing body and methodology determine its relevance.

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Glossary Term

Causation

Turkish: İlliyet Bağı / Nedensellik Bağı

Causation is the legally relevant connection between alleged conduct and the claimed injury or loss. It is separate from proving that conduct fell below the required standard.

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Glossary Term

Permanent Disability Rate

Turkish: Maluliyet Oranı

A permanent disability rate is a formal percentage assessment of lasting functional impairment made under an applicable methodology. It is not the same as a negligence finding or a compensation amount.

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Glossary Term

Temporary Incapacity

Turkish: Geçici İş Göremezlik

Temporary incapacity describes a medically supported period during which injury limits work or ordinary functions before recovery or stabilisation. Its legal effect depends on the claim and evidence.

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Glossary Term

Iatrogenic Injury

Turkish: İyatrojenik Zarar

An iatrogenic injury is harm associated with medical examination or treatment. The descriptive label does not establish that the harm resulted from negligence.

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Glossary Term

Nosocomial Infection

Turkish: Hastane Enfeksiyonu

A nosocomial or healthcare-associated infection is an infection connected with healthcare exposure and not simply any infection noticed after treatment. Classification and responsibility require clinical analysis.

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Glossary Term

Wrong-Site Surgery

Turkish: Yanlış Taraf Ameliyatı

Wrong-site surgery involves an intervention on the wrong patient, procedure, body part or side. It is a serious safety event requiring precise factual and institutional review.

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Glossary Term

Surgical Negligence

Turkish: Cerrahi İhmal

Surgical negligence is an allegation that planning, performance or perioperative management fell below the required professional standard and caused harm. It is not established by dissatisfaction alone.

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Glossary Term

Post-Operative Care

Turkish: Ameliyat Sonrası Bakım Yükümlülüğü

Post-operative care covers monitoring, instructions, communication and treatment after an operation. The required response depends on the procedure, symptoms and foreseeable risks.

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Glossary Term

Off-Label Drug Use

Turkish: Endikasyon Dışı İlaç Kullanımı

Off-label use means using a medicine outside aspects of its authorised product information. It is not automatically improper, but may raise regulatory, clinical and consent questions.

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Glossary Term

Medical Device Liability

Turkish: Tıbbi Cihaz Sorumluluğu

Medical device liability concerns harm alleged to arise from a device's design, manufacture, instructions, supply, implantation or use. Multiple actors and legal bases may be involved.

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Glossary Term

Cosmetic Surgery Regulation

Turkish: Estetik Cerrahi Mevzuatı

Cosmetic surgery in Türkiye is governed by general healthcare, professional, facility, patient-rights, advertising and contract rules rather than one statute promising a particular aesthetic result.

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Glossary Term

Loss of Earnings

Turkish: Kazanç Kaybı

Loss of earnings is a claimed financial difference between income that would probably have been earned and income actually received because of the proven injury.

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Glossary Term

Future Medical Expenses

Turkish: Gelecekteki Tedavi Giderleri

Future medical expenses are reasonably anticipated treatment, rehabilitation, medication or care costs linked to the injury. They must be supported rather than guessed.

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Glossary Term

Loss of Consortium

Turkish: Aile Bütünlüğünün Bozulması Zararı

Loss of consortium is a comparative-law expression for harm to close family relationships after severe injury. Turkish claims should be framed under the remedies and standing recognised by Turkish law, not imported labels alone.

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Glossary Term

Wrongful Death

Turkish: Haksız Fiil Sonucu Ölüm

Wrongful death is a general English label for civil consequences when a legally responsible act causes death. Turkish law determines who may claim and which material or moral losses are recoverable.

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Glossary Term

Bereavement Damages

Turkish: Ölüm Nedeniyle Manevi Tazminat

Bereavement damages is an English shorthand for non-pecuniary claims connected with a death. Turkish law does not apply a universal fixed bereavement payment to every relative.

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Glossary Term

Damage Mitigation Obligation

Turkish: Zararı Azaltma Yükümlülüğü

Damage mitigation describes the expectation that a harmed person take reasonable steps to avoid preventable worsening of loss. It does not require unsafe treatment or unlimited personal expense.

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Glossary Term

Interest on Damages

Turkish: Tazminata İşleyen Faiz

Interest on damages concerns an additional monetary consequence over time. The applicable basis, rate and start date depend on the claim, debtor, default rules and current legislation.

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Glossary Term

Lump Sum vs. Periodic Payment

Turkish: Toplu / Dönemsel Ödeme

Lump-sum and periodic payment describe different ways future loss or care may be funded. The available form in a Turkish dispute depends on legal authority, the claim and any settlement structure.

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Glossary Term

Malpractice Insurance

Turkish: Mesleki Sorumluluk Sigortası

Medical professional liability insurance may respond to covered claims against insured healthcare professionals under the governing policy and compulsory-insurance rules. Coverage is not identical to liability.

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Glossary Term

Social Security Recourse

Turkish: SGK Rücu Hakkı

Social Security Institution recourse concerns circumstances in which SGK may seek recovery of expenditure from a legally responsible party under applicable social-security rules.

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Glossary Term

Contractual Liability

Turkish: Sözleşmeden Doğan Sorumluluk

Contractual liability arises when a binding obligation is not performed as required and the legal conditions for responsibility and loss are met. The contract's content is therefore central.

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Glossary Term

Tortious Liability

Turkish: Haksız Fiilden Doğan Sorumluluk

Tortious liability concerns responsibility for an unlawful act causing damage independently of, or alongside, a contract. Turkish law sets the required elements and defences.

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Glossary Term

Vicarious Liability

Turkish: Adam Çalıştıranın Sorumluluğu

Vicarious liability is a comparative label for circumstances in which an employer or organisation may be responsible for acts connected with personnel or organisational duties. Turkish statutory requirements control the result.

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Glossary Term

Joint and Several Liability

Turkish: Müteselsil Sorumluluk

Joint and several liability can allow a claimant to pursue multiple responsible parties under rules governing the same damage. It does not make every participant responsible automatically.

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Glossary Term

Strict Liability

Turkish: Kusursuz Sorumluluk

Strict or no-fault liability refers to exceptional legal bases where responsibility does not require proof of ordinary fault in the usual way. It is not a general rule for all Turkish medical outcomes.

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Glossary Term

Contributory Negligence

Turkish: Müterafik Kusur

Contributory negligence describes conduct by the injured person alleged to have contributed to the occurrence or extent of damage. It is evaluated in context and does not erase provider duties automatically.

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Glossary Term

Force Majeure

Turkish: Mücbir Sebep

Force majeure concerns an extraordinary external event alleged to prevent performance or break legal responsibility. Its effect depends on the governing rule, contract and actual impact.

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Glossary Term

Assumption of Risk

Turkish: Riskin Bilinerek Kabulü

Assumption of risk is a comparative expression for a person's informed acceptance of a known risk. It is not a blanket waiver of negligent treatment under Turkish law.

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Glossary Term

Breach of Contract

Turkish: Sözleşmenin İhlali

A breach of contract is failure to perform a binding contractual obligation as required. The first task is to identify the obligation, not to assume every unwanted medical result was promised against.

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Glossary Term

Medical Service Contract

Turkish: Tıbbi Hizmet Sözleşmesi

A medical service contract records or implies obligations between a patient and provider. Its legal classification depends on the parties, service and actual undertaking; labels such as mandate or work contract are not automatic.

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Glossary Term

Patient Rights Regulation

Turkish: Hasta Hakları Yönetmeliği

The Patient Rights Regulation is an official Turkish framework addressing matters such as access to services, information, consent, privacy, records and complaint mechanisms.

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Glossary Term

Right to Refuse Treatment

Turkish: Tedaviyi Reddetme Hakkı

The right to refuse treatment protects a competent patient's decision not to accept or continue an intervention, subject to the applicable legal framework and emergency or other lawful exceptions.

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Glossary Term

Right to Second Opinion

Turkish: İkinci Görüş Hakkı

A second opinion is an independent clinical assessment sought to understand diagnosis or treatment options. Patient-rights rules support access to information and choice within the applicable healthcare setting.

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Glossary Term

Privacy of Medical Data

Turkish: Tıbbi Veri Gizliliği

Medical data privacy concerns the lawful and secure processing of identifiable health information. Health data receives special protection under Türkiye's personal-data framework.

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Glossary Term

Right to Access Medical Records

Turkish: Tıbbi Kayıtlara Erişim Hakkı

Patients have important rights concerning access to health information and records under patient-rights and data-protection rules. The precise scope, method and lawful restrictions should be checked in the current official texts.

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Glossary Term

Patient Advocate

Turkish: Hasta Hakları Birimi

Patient-rights units within the Turkish health system receive and process certain patient concerns. They are an institutional complaint channel, not the patient's personal lawyer.

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Glossary Term

Vulnerable Patient

Turkish: Savunmasız Hasta

A vulnerable patient may face added barriers because of age, disability, capacity, language, dependency or circumstances. The relevant duties depend on the particular barrier and legal context.

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Glossary Term

Minor Patient Consent

Turkish: Küçük Hastada Onam

Consent for a minor requires attention to legal representation, the child's maturity and participation, the intervention and any urgent exception. A parent's signature is not the entire analysis.

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Glossary Term

Capacity to Consent

Turkish: Rıza Ehliyeti

Capacity to consent concerns whether a person can understand, retain, weigh and communicate a decision about the proposed intervention in the relevant circumstances.

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Glossary Term

Emergency Exception to Consent

Turkish: Acil Durumda Onam İstisnası

An emergency exception may permit necessary intervention when valid consent cannot be obtained in time and delay would create serious risk. Its scope is limited by the actual emergency and applicable law.

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