Suing a Turkish clinic from the UK: how it works

You are back in the UK, the result of your operation in Antalya is not what it should be, and talks with the clinic have gone nowhere. The obvious question: can you actually take legal action against a clinic in another country – and how does that work in practice?

The short answer is yes, it is possible, and you usually do not have to move to Türkiye to do it. But the process differs in important ways from what you may know from the UK. This guide answers the questions UK patients ask most often. It is general information, not individual legal advice.

Whether a complication is malpractice at all is explained in our guide Medical malpractice in Türkiye. Here, we focus on the procedure.

Can I sue in the UK or do I have to sue in Türkiye?

In most cases, claims against a clinic or doctor for treatment in Türkiye have to be brought in Türkiye, under Turkish law. The treatment took place there, the clinic and doctor are based there, and a judgment would have to be enforced there.

UK courts can come into play only in limited situations, for example:

• A UK-based agency or company contracted with you – for the package, the organisation or even the treatment as a whole. Claims against that company may be possible in the UK.
• A business actively targeted UK consumers. UK law has special jurisdiction rules for consumer contracts with traders who direct their activities to the UK. In other sectors, UK courts have accepted such claims against foreign businesses. Whether this could apply to a clinic depends heavily on the facts.

Even if a UK court accepts a case against a Turkish clinic, the judgment would still need to be recognised by a Turkish court before it can be enforced there – a separate process with its own requirements. Which route is realistic is something a lawyer must check against your contracts, invoices and the clinic’s marketing.

Do I have to travel to Türkiye for the case?

Usually not. A lawyer admitted in Türkiye can file the claim and represent you at hearings on the basis of a power of attorney (vekaletname).

There are two common ways to sign one from the UK:

1. At a Turkish consulate in the UK. The consulate acts as the notary and prepares the document in Turkish. No apostille is then needed. You usually need an appointment.
2. Before a UK notary, followed by an apostille. The UK Legalisation Office can legalise powers of attorney that a UK notary or solicitor has certified. A document not in Turkish must then be translated and certified by a sworn translator in Türkiye.

Make sure the power of attorney expressly covers litigation – and, if relevant, mediation, criminal complaints and settlement. Your lawyer will usually send you the wording.

Your presence may still be useful or requested in particular situations, for example if the court orders a medical examination. Ask about this at the start.

Which court hears the case?

For a private clinic, compensation claims are generally heard by the consumer court (Tüketici Mahkemesi), because the treatment relationship is treated as a consumer relationship.

For a state hospital, the route is different: you apply to the administration first and, if necessary, sue in the administrative court (İdare Mahkemesi) – not the individual doctor. Most health tourism clinics in Antalya are private, so the consumer court is the usual forum.

Do I have to try mediation or the consumer arbitration committee first?

Generally, yes. Since 2020, mediation (arabuluculuk) has been a precondition for consumer lawsuits, and this includes malpractice compensation claims against private hospitals, clinics and doctors. You cannot file the lawsuit until mediation has failed.

• Smaller claims below a value threshold go to the consumer arbitration committee (Tüketici Hakem Heyeti) instead. The threshold is updated every year, so check the current figure.
• Mediation is confidential and has a short statutory time frame of a few weeks.
• If you reach an agreement, the signed settlement can be enforced like a court judgment.
• Your lawyer can attend mediation for you with a suitable power of attorney.

Tip: Mediation is not just a formality. With a clear claim, medical evidence and realistic figures, many cases settle at this stage – which saves years.

Disputes with state hospitals fall under administrative law and are not covered by this consumer mediation requirement.

Who do I sue – clinic, doctor or agent?

Often more than one party. Typically:

• The clinic – as your contractual partner and as the organisation responsible for staff, hygiene and aftercare.
• The doctor – personally, for their own treatment errors or failure to inform you.
• An insurer – where insurance cover exists. Since 2025, authorised health tourism clinics must have complication insurance for surgical procedures; ask about it early.
• The agency – only for its own mistakes or where it sold the whole package in its own name. Details in our guide on agencies and facilitators.

Which combination makes sense depends on your contract and invoices: who is named, who you paid, and who confirmed the treatment.

How is negligence proved?

Mainly through medical experts. The court appoints experts or asks the Council of Forensic Medicine (Adli Tıp Kurumu) for an opinion on whether the treatment met the accepted medical standard and whether you were properly informed. These reports carry great weight, but they are not automatically final: your lawyer can object to gaps and request a further report.

The experts work from documents. That is why your evidence matters so much:

• Surgical report, anaesthesia record, discharge summary and signed consent form (see requesting your medical records)
• Dated photos before and after surgery
• Messages, quotes and promises from the clinic or agent
• Findings from UK doctors who treated you afterwards, ideally in writing and in detail
• Invoices for follow-up treatment, travel and medication

If evidence risks being lost – for example because a corrective operation is about to change the situation – ask your lawyer whether it should be formally secured before the main case.

Tip: Have your UK doctors describe the problem as precisely as possible, with dates. A vague letter is of little help to an expert in Türkiye; a detailed one can be decisive.

How long does it take and what does it cost?

There is no reliable general answer to either question. Duration depends above all on how long the expert reports take, whether objections are raised, and whether the case goes to appeal. Medical cases tend to take longer than ordinary consumer disputes.

The main cost components are:

Cost item	What it is
Lawyer’s fee	Agreed individually with your Turkish lawyer – ask for it in writing
Court fees and advances	Fees on filing and advances for expert fees, postage and the like
Expert reports	Paid in advance, at least initially, by the claimant
Power of attorney	Consular fee, or UK notary plus apostille fee (see GOV.UK)
Translations	Sworn translation of the power of attorney, medical documents and correspondence
Opponent’s legal costs	If you lose, you may have to pay the other side’s lawyer’s fee under a statutory tariff

As a foreign claimant, you may also be asked to provide security for costs. Treaties and reciprocity can provide exemptions; for UK nationals, a 1931 bilateral agreement between Türkiye and the UK is relevant. Have your lawyer check this before filing.

What are the time limits?

They are short and depend on the legal basis of your claim. For claims in tort, Turkish law sets a limit of two years from when you learned of the damage and who was responsible, and no more than ten years from the event. Contractual claims may have longer periods. For state hospitals, there is a separate, short deadline for the initial application to the authority.

Because it is not always clear in advance which basis a court will apply, plan around the shortest possible deadline. Complaints to authorities or emails to the clinic do not stop the clock.

What about a criminal complaint?

You can file a criminal complaint (suç duyurusu) with the public prosecutor in Türkiye, through your lawyer. This is a separate route from the compensation claim:

• It can lead to an investigation of the doctor, but it does not by itself bring you compensation.
• Negligent injury in its basic form is generally prosecuted only on complaint, and the complaint deadline is short – often cited as six months from learning of the act and the person responsible.
• Here too, the outcome usually depends on a forensic medical report.

Whether a criminal complaint makes sense alongside the civil claim is a tactical question to discuss with your lawyer.

Is there a UK option, e.g. against a UK-based facilitator?

Possibly. If you booked through a company based in the UK, UK law may apply to your contract with that company, and you may be able to bring a claim against it in the UK – for example for false information about the clinic, or for services it promised as part of a package. That does not make it liable for every treatment error, but for its own role.

If you paid by card, a claim against the card provider may also be worth checking; see getting money back from a Turkish clinic.

Step by step

Step	What happens	Who does it
1	Secure records, photos, messages and invoices	You
2	Written complaint to the clinic with a deadline	You or your lawyer
3	Instruct a lawyer admitted in Türkiye	You
4	Sign the power of attorney (consulate or notary plus apostille)	You
5	Mediation or consumer arbitration committee	Your lawyer
6	Lawsuit at the consumer court if no agreement	Your lawyer
7	Expert reports, objections, hearings	Court, experts, your lawyer
8	Judgment, possible appeal, enforcement	Court, your lawyer

Checklist before you instruct a lawyer

• Full medical records from the clinic, including the signed consent form
• Contract, quotes and all invoices – note who issued each one
• Proof of payment
• Dated photos and a short written timeline of what happened
• Letters and findings from UK doctors
• All chats and emails with the clinic and any agency, exported with dates
• Passport copy for the power of attorney
• The date you first realised something was wrong – for the time limits
• A clear idea of what you want: corrective treatment, refund, compensation

Read more

• Medical malpractice in Türkiye: your rights and what to do
• Compensation for medical negligence in Türkiye
• Agencies and facilitators: who is liable when things go wrong?