Akkas & Associates is a globally recognized Turkish health law malpractice law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish health law malpractice lawyers are prepared to handle all types of business matters. Our Turkish health law malpractice lawyers also represent our clients in cases against medical insurance lawsuits.
Turkish Health law malpractice law governs the liability of doctors and other providers when they cause harm to a patient by rendering their services in a negligent manner. Turkey has its own laws and procedures to handle these specialized personal injury cases.
But in general terms, a doctor will be held liable if his or her conduct fails to meet the “standard of care” provided by other doctors under similar circumstances and it is determined by the Turkish Judiciary Forensic examination.
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Errors that qualify as medical malpractice will typically fall into one of several categories. These include a failure or delay in diagnosing a patient’s condition, misreading X-rays, prescribing the wrong pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing services without the patient’s informed consent, and making a mistake during surgery or childbirth.
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When doctors act carelessly, the results can be catastrophic for the patient. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain, and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.
Expert witnesses play a unique role in medical malpractice lawsuits. Many of the issues debated in these cases, such as whether surgery was performed correctly, are too complex for judges and juries to understand on their own. This means other doctors must be called upon to study the case, render an opinion, and explain their findings. For the injured patient, the expense of hiring an expert significantly increases the cost of bringing the claim.
A number of public policy groups and elected officials oppose large damage awards in medical malpractice suits. Referred to as tort reform, this effort aims to pass legislation making it more difficult for injured people to file lawsuits, and to cap the number of damages they can recover once they win. Proponents argue that tort reform will reduce the cost of health care, but the data is inconclusive, and the issue remains highly contentious.
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The first step in pursuing a medical malpractice case is to retain an expert attorney in malpractice lawsuits. Unlike some other areas of the law, self-representation in these cases is not feasible. In fact, due to the financial resources and litigation expertise required, most attorneys do not accept medical malpractice cases. Plaintiffs should seek out a reputable law firm that specializes in medical malpractice.
The attorney will begin by conducting an in-depth evaluation of the factual circumstances surrounding the incident. Hospital records and other evidence will be gathered, During the entire process, the plaintiff’s attorney must comply with a variety of procedural requirements. A single misstep can result in the case being dismissed. These requirements include a statute of limitations, which is a strict deadline for filing a lawsuit.
Patients trust doctors to perform their duties with care. However, when preventable accidents occur during the course of medical treatment, injured patients and their families often encounter insurance companies that want to deny compensation or pay far less than they should. If medical malpractice is suspected, the best way to protect a patient’s rights is to contact a qualified attorney.
What is Medical Malpractice?
Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient.
Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a healthcare practitioner does not show a fair, reasonable, and competent degree of skill when providing medical care to a patient. If a practitioner holds himself out as a specialist a higher degree of skill is required.
Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.
As laws vary by jurisdiction, the specific professionals who may be targeted by a medical malpractice action will vary depending on where the action is filed. Among professionals that may be potentially liable under medical malpractice laws are,
- Physicians, surgeons, psychiatrists, and dentists.
- Nurses, midwives, nurse practitioners, and physician assistants.
- Allied health professionals – including physiotherapists, osteopaths, chiropractors, podiatrists, occupational therapists, social workers, psychologists, pharmacists, optometrists, and medical radiation practitioners.
Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition.
In some jurisdictions, a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance.
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Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s health & malpractice law. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success. Our law firm is now one of the leading Health Law & Malpractice law firms in Istanbul, Turkey.
You may reach us to Turkish Health Law & Malpractice Lawyers in Turkey through our Contact page.