Doctor Error Compensation Amount

The amount of malpractice compensation varies according to many factors. In lawsuits filed against public or private hospitals, the courts receive reports from expert accountants to calculate the amount of malpractice compensation. The amount of compensation in malpractice cases and the amount of concrete damage regarding the items requested in the lawsuit petition are revealed as a result of these reports.

Malpractice Material Compensation Amount

Material and non-pecuniary damages can be claimed due to doctor’s error. Material compensation is the compensation for the decrease in the patient’s assets due to the doctor’s error. For example, the refund of the treatment fee paid to the doctor or the treatment expenses that the patient had / will have to make due to the doctor’s error, medication expenses, temporary or permanent incapacity damages, transport and accommodation expenses, loss of effort damages, damages arising from the shaking of the economic future, funeral expenses in case of death, deprivation of support of those left behind can be claimed as material compensation in this context.

Amount of Malpractice Moral Compensation

Moral compensation, on the other hand, is the payment of an appropriate amount of money as compensation to the injured person by the judge, taking into account the characteristics of the incident, in return for the pain and suffering experienced by the patient due to the doctor’s error. Moral compensation does not have a concrete measure and its amount is appreciated by the judge.

Is it compulsory to submit an invoice for the cost of treatment?

The claimant does not have to prove the treatment expenses with invoices. If there are no invoices for the expenses incurred, the court will be able to determine these expenses with the help of a precedent wage survey and an expert accountant.

For a precedent decision on this issue, see https://www.tabaklegal.com/makbuz-almama-nedeniyle-masraflarin-delillendirilememesi/

Can the cost of revision operations be requested without surgery?

If the patient needs to be operated again due to the doctor’s error, it is not mandatory to perform the surgery in order to sue for the costs of this surgery. The related treatment costs can be claimed from the court even before the surgery is performed.

For a precedent decision on this issue, see https://www.tabaklegal.com/estetik-ya-da-benzeri-ameliyatlar-icin-gerekli-giderler-gerceklesmis-zarar-niteliginde-oldugundan-ameliyattan-once-de-dava-edilebilir/

Can both the refund and the costs of revision operations be requested at the same time?

No, the patient who is a consumer has the right of choice in this regard. In this context, either the refund or the fees of the revision operations can be requested. For example, if the patient who suffered a loss due to a medical procedure of 100.000 TL is requested 200.000 TL for the revision operation. The amount that can be requested will be 200.000, not 10+20=30.

For a precedent decision on this issue, see https://www.tabaklegal.com/estetik-operasyon-bedel-iadesi-ve-revizyon-ameliyat-ucreti-ayni-anda-istenebilir-mi/

This content has been automatically translated into English from the Turkish original.