Compensation after medical negligence in Türkiye: what you can claim and from whom

You had treatment in Türkiye, something went wrong, and now you are paying for the consequences – financially and physically. The obvious question is: what can I actually get back, and from whom? This guide answers the questions UK patients ask most often about compensation under Turkish law.

It is general information, not individual legal advice. Whether your case is negligence at all – rather than a known complication – is explained in our guide Medical malpractice in Türkiye.

What can I claim after negligent treatment in Türkiye?

You can claim your financial losses (material damages) and, separately, compensation for pain and suffering (non-pecuniary or “moral” damages, manevi tazminat).

The legal basis is mainly the Turkish Code of Obligations (Türk Borçlar Kanunu, No. 6098). The general rule on liability in tort is in Art. 49. For bodily injury, Art. 54 lists the recoverable losses: treatment costs (including future treatment), loss of earnings, loss of earning capacity and the impairment of your economic future. Art. 56 allows the judge to award an appropriate sum as moral compensation for bodily injury. In addition, you may have contractual claims against the clinic or doctor you contracted with.

Claim item	Typical examples	Evidence
Corrective treatment	Revision surgery, wound care, medication, physiotherapy – including treatment still needed	Invoices, quotes, doctor’s report on future treatment
Travel and accommodation	Flights and hotel for corrective treatment, a companion if medically necessary	Tickets, booking confirmations, receipts
Lost earnings	Time off work beyond the planned recovery period	Payslips, employer letter, tax records for the self-employed
Loss of earning capacity	Lasting impairment affecting your ability to work	Medical expert report, employment history
Refund of the fee	Full or partial, if the service was seriously defective	Contract, invoice, proof of payment
Moral compensation	Pain, scarring, distress, loss of quality of life	Medical reports, photos, a psychological report if relevant

How much compensation do Turkish courts award?

There is no fixed scale: the judge decides each case individually, usually on the basis of court-appointed expert reports.

Material damages are calculated from your proven losses – which is why receipts matter so much. For moral compensation, the judge weighs the seriousness of the harm, the degree of fault and the circumstances of both parties. Under Arts. 51 and 52, the judge also determines the extent of compensation and can reduce it, for example where the injured person contributed to the harm (such as ignoring aftercare instructions).

In practice, moral damages in Türkiye are often lower than what UK patients expect from reading about British cases. Be sceptical of anyone who quotes you a figure before an expert has even looked at the file.

Who is liable – the clinic, the surgeon or the agent?

In most cases the clinic and the treating doctor are the right defendants; an agency is usually liable only for its own mistakes.

• Private clinic: liable under the treatment contract and for the people it uses to perform it, including surgeons and nurses.
• Surgeon: personally liable in tort for their own fault, and in contract if you contracted with them directly.
• Agency or facilitator: liable for false information, poor organisation or – if it sold you the whole package in its own name – possibly for the package as a whole. Details are in our guide on agencies and facilitators.
• State hospital: claims are brought against the administration, not the individual doctor, through a separate procedure.

You can often name the clinic and the doctor together, so that each is liable for the whole loss towards you.

Will an insurer pay?

Possibly, but insurance has limits and does not replace a claim against the party responsible.

Malpractice insurance: doctors and dentists in Türkiye must hold compulsory medical malpractice liability insurance (Tıbbi Kötü Uygulamaya İlişkin Zorunlu Mali Sorumluluk Sigortası). The maximum cover depends on the doctor’s risk group; according to the insurance regulator, the limits were raised for policies issued from 1 November 2025. A large claim can exceed this cover, and the remainder is then a question for the doctor and clinic.

Complication insurance: under the 2025 Regulation on International Health Tourism, authorised providers must take out complication insurance for surgical procedures carried out in an operating theatre as part of health tourism, with compliance required by the end of 2025. It is intended to cover things like repeat treatment, extra medical costs, accommodation and transport after a complication. What exactly is covered, up to what amount and for how long depends on the individual policy.

Tip: Ask the clinic in writing for the name of its complication insurer and your policy or certificate number – ideally before surgery, and certainly as soon as a problem appears.

What evidence of my losses do I need?

You need to prove both the negligence and every pound you claim – an amount without a receipt is hard to recover.

• Medical: your Turkish records (surgical report, consent form, discharge summary), UK GP and hospital letters, and a written assessment of what corrective treatment you need. Our guide on requesting your medical records explains how to get them.
• Costs: invoices for private treatment in the UK, prescriptions, travel and hotel receipts.
• Earnings: payslips from before and after, a letter from your employer confirming the absence, or accounts and tax returns if you are self-employed.
• Day-to-day impact: dated photos and a simple diary of pain, limitations and appointments.

Documents in English will usually need certified Turkish translations for a Turkish court, so keep originals organised.

Is there interest, and when does my claim expire?

Yes, compensation can carry statutory interest, and claims expire after short periods.

For claims in tort, interest can generally be claimed from the date of the harmful event. For contractual claims, the starting point usually depends on when the other side was in default, for example after a formal demand.

Under Art. 72 of the Code of Obligations, tort claims become time-barred two years from the date you learned of the damage and of the person liable, and in any case ten years from the act. Contractual claims can be subject to different, sometimes longer, periods. For state hospitals, a prior application to the administration with its own short deadline is required. Because the right period depends on your case, do not wait for the “last moment”.

Is it worth suing – what are the costs and risks?

It can be, if the harm is significant and well documented – but a Turkish lawsuit takes time and carries a cost risk.

• Lawyer: you will need a lawyer admitted in Türkiye. Fee models differ; ask for a written fee agreement.
• Experts: the court will appoint a medical expert or expert panel, and the claimant often has to advance those costs.
• Losing: the losing party generally bears the court costs and a statutory lawyer’s fee for the other side. If only part of your claim succeeds, costs can be split.
• Duration: malpractice cases with expert reports and possible appeals often take several years.
• Your presence: most of the case can be run through your lawyer under a power of attorney, so you will not necessarily have to travel. See our guide on suing a clinic in Türkiye from abroad.

A realistic first step is to have your documents assessed – the medical facts and the amount in dispute largely determine whether a case makes sense.

Can I settle out of court?

Yes – and most disputes are resolved this way, through negotiation or mediation.

A written claim letter to the clinic, with your evidence and a clear amount, often starts negotiations. If you intend to sue a private clinic or doctor before the consumer court, mediation (arabuluculuk) is generally a mandatory first step. A settlement reached there is binding and can be enforced; if it fails, you receive the final record and can then go to court. The limitation period is paused while mandatory mediation is ongoing.

Tip: Never sign a settlement or waiver (“ibraname”) in Turkish without a translation and advice – it may end all further claims, including for future treatment.

Can I also claim against a UK company or my card provider?

Sometimes, yes – this can be easier than suing in Türkiye.

• UK-based facilitator: if you booked through a company based in the UK, your contract with it may be governed by UK law, and UK consumer rules – such as the duty to provide services with reasonable care and skill – may apply. What it is liable for depends on what it promised.
• Section 75: if you paid by credit card and the item cost more than £100 and up to £30,000, the card provider can be jointly liable with the supplier for breach of contract or misrepresentation – even for purchases abroad, and even if only a deposit went on the card. Section 75 may not apply if the payment went to an agent rather than to the clinic itself.
• Chargeback: for debit cards there is no Section 75, but your bank may try a chargeback. Banks apply time limits, so act quickly.

Checklist: before you claim

• Get urgent medical care first, and have every finding documented.
• Request your full Turkish medical records and the signed consent form.
• Collect every invoice, ticket and receipt, and list them in one table.
• Get proof of lost earnings from your employer or accountant.
• Ask the clinic in writing about its complication insurer.
• Send a written claim to the clinic (and the agency, if relevant) with a deadline.
• Note the date you learned of the damage – the limitation clock may be running.
• Check whether Section 75 or a chargeback is available.
• Have a lawyer admitted in Türkiye assess the case before signing anything.

Read more

• Medical malpractice in Türkiye: your rights and what to do
• Suing a clinic in Türkiye from abroad
• Getting your money back from a Turkish clinic