Medical Criminal Law in Turkey: Criminal Prosecution & Legal Support for UK Claimants

Turkey’s healthcare sector has seen exponential growth, attracting thousands of UK residents annually for surgical, dental, and cosmetic procedures. While the vast majority of these treatments are conducted safely, the rapid expansion of the medical tourism industry has, in rare but severe instances, created an environment where commercial pressures override clinical ethics.

For most claimants, medical failures are matters of civil negligence—seeking compensation for harm. However, certain actions by healthcare professionals cross the legal threshold into criminal conduct. When a patient suffers death or catastrophic injury due to recklessness, unlicensed practice, or gross negligence, the pursuit of justice moves beyond insurance claims and into the realm of criminal prosecution.

At Londonwise, we provide specialist cross-border support for medical criminal law cases in Turkey. We act as the critical bridge between UK families seeking answers and the Turkish criminal justice system, ensuring that serious medical crimes are investigated, prosecuted, and punished under the Turkish Penal Code.

What Is Medical Criminal Law?

Medical criminal law deals with the liability of healthcare professionals for actions that violate the penal code. Unlike civil litigation, which focuses on financial compensation, criminal law focuses on punishment, accountability, and public safety.

In the context of medical treatment, criminal liability typically arises when a healthcare provider's conduct goes beyond simple error and demonstrates:

• Gross Negligence: A fundamental disregard for the life and safety of the patient.

• Recklessness: Knowingly taking unacceptable medical risks.

• Intent: Deliberate falsification of records, fraud, or unauthorised practice.

Distinguishing between civil negligence (a mistake) and criminal negligence (a crime) requires sophisticated legal analysis. Londonwise provides the expertise to determine if your case warrants a criminal complaint alongside a civil claim.

Common Medical Criminal Offences in Turkey

Our medico-legal team, in collaboration with senior Turkish criminal attorneys, manages complex investigations involving serious allegations against medical professionals.

1. Gross Negligence Manslaughter (Culpable Homicide)

Under Turkish Law (Taksirle Öldürme – the equivalent of Gross Negligence Manslaughter), a surgeon or anaesthetist can be prosecuted if their negligence results in the death of a patient. This includes fatal errors during surgery, failure to monitor vital signs, or discharging a medically unstable patient who subsequently dies.

2. Unlicensed Medical Practice ("Ghost Surgeons")

We investigate cases where procedures were performed by technicians, nurses, or assistants rather than the qualified surgeon the patient believed they were hiring. Allowing unqualified staff to perform surgery is a serious criminal offence.

3. Medical Fraud & Falsification of Documents

It is a crime to alter medical records to conceal errors. We see cases where clinics retrospectively change operation notes, forge patient consent signatures, or destroy evidence following a fatal incident or serious injury.

4. Intentional Injury & Battery

Performing a procedure without valid informed consent, or performing a different surgery than the one agreed upon (e.g., performing a hysterectomy during a tummy tuck without consent), may constitute intentional physical assault under criminal law, subject to prosecutorial assessment.

5. Illegal Organ & Tissue Procedures

The unauthorised removal or trafficking of organs or tissues during commercial surgeries is a grave violation of both Turkish and international law.

The Cross-Border Criminal Law Challenge

Navigating a criminal investigation in a foreign jurisdiction is profoundly difficult for UK families, particularly while grieving or managing trauma.

• Jurisdiction Barriers: UK police generally have no jurisdiction to investigate crimes committed on Turkish soil. The investigation must be led by a Turkish Public Prosecutor (Savcı).

• The Prosecution Process: Unlike the UK, where police lead investigations, in Turkey, the Prosecutor's Office drives the process. Without a proactive legal team pushing for evidence collection, files can be closed prematurely on the basis of "natural causes" without a full forensic investigation.

• Evidence Suppression: Clinics facing criminal liability may attempt to delete CCTV footage, intimidate witnesses, or "lose" medical files. Speed is essential.

Why UK Lawyers Cannot Act Alone: UK solicitors are not licensed to appear in Turkish Criminal Courts or file criminal complaints. Londonwise solves this. We combine UK-based case management with the full statutory authority of licensed Turkish criminal attorneys.

How Londonwise Supports Criminal Medical Cases

We offer a strategic, multi-disciplinary approach to ensure accountability.

1. UK Case Management & Family Support

You interact with a registered UK company. We act as your shield and strategist, managing the complexities of the investigation so you can focus on healing or grieving.

2. Criminal Litigation Authority in Turkey

We work in strict partnership with regulated Turkish criminal attorneys who have the authority to file criminal complaints, attend police interrogations, request prosecutor orders for raids/seizures, and represent victims in High Criminal Courts.

3. Independent Forensic & Medical Expert Review

We coordinate with independent forensic pathologists and medical experts to review autopsy reports, toxicology results, and surgical notes to establish the chain of causation required for a criminal conviction.

4. Parallel Civil & Criminal Strategy

We often run criminal proceedings alongside civil compensation claims. A criminal conviction serves as irrefutable proof of liability for the civil claim, maximising the compensation awarded to the victim or their family.

What Outcomes Can Be Pursued?

While no legal action can undo a tragedy, criminal proceedings offer a unique form of justice. Depending on the evidence, we seek to secure:

• Criminal Prosecution: Formal charges brought against the surgeon, anaesthetist, or hospital management.

• Professional Sanctions: Revocation of medical licenses and bans from practice.

• Custodial Sentences: Prison terms for those found guilty of gross negligence manslaughter or intentional injury.

• International Arrest Warrants: Where applicable for fugitives.

• Moral Damages: Recognition of the victim's suffering through the criminal verdict.

Case Study: Fatal Anaesthesia Error & Evidence Concealment

(Anonymised for client confidentiality)

The Case: A UK national died on the operating table during a routine cosmetic procedure in Istanbul. The clinic informed the family it was a "heart attack" and pressured them to repatriate the body immediately without an autopsy.

The Intervention: Londonwise intervened immediately. Our Turkish legal partners petitioned the Prosecutor to halt repatriation and order a forensic autopsy. Concurrently, we secured CCTV footage proving the anaesthetist was not in the room when the patient went into arrest.

The Outcome: The autopsy revealed death by hypoxic brain injury due to anaesthesia overdose, not a heart attack. The anaesthetist and clinic director were charged with negligent manslaughter and falsification of official documents. A substantial civil settlement was also secured for the family alongside the criminal trial.

Step-by-Step: What To Do If You Suspect a Medical Crime

If you believe a loved one has died or suffered catastrophic injury due to criminal conduct in Turkey, time is the most critical factor.

1. Report Immediately: If the victim has died, do not allow the body to be repatriated until a forensic autopsy is considered. Contact us immediately.

2. Preserve Digital Evidence: Save all WhatsApp messages, voice notes, and emails from the clinic. These are vital for proving fraud or lack of consent.

3. Do NOT Sign Waivers: Clinics may offer refunds or "hush money" in exchange for signing documents that waive your right to prosecute. Do not sign.

4. Secure Medical Records: If possible, demand immediate copies of the file before they can be altered.

5. Contact Londonwise Urgently: Criminal investigations require immediate legal presence on the ground to prevent evidence tampering.

Why Choose Londonwise?

Criminal medical cases require more than just legal knowledge; they require courage, forensic expertise, and dual-jurisdiction capability.

• Dual-Jurisdiction Criminal Expertise: We understand the nuances of UK Inquests and Turkish Criminal Trials.

• 34 Years of Collective Experience: Our network includes senior criminal attorneys and forensic medical experts.

• Crisis & Family Sensitivity: We handle fatal cases and serious inquiries with the utmost dignity and confidentiality.

• Parallel Capability: We have the resources to fight for your rights in both Criminal and Civil courts simultaneously.

All enquiries are handled with strict confidentiality and immediate legal priority.

[📩 Request Your Confidential Criminal Case Assessment]

Legal Disclaimer & Transparency Notice

Londonwise Ltd is a specialist medico-legal consultancy registered in England & Wales. We facilitate access to justice for UK claimants injured in Turkey.

We are not a firm of solicitors authorized or regulated by the Solicitors Regulation Authority (SRA). All criminal litigation and court proceedings in Turkey are conducted by fully licensed independent attorneys registered with the Union of Turkish Bar Associations. Outcomes in criminal law are subject to the discretion of the Prosecutor and the Courts; results may vary depending on the individual facts and evidence of each case.