Evaluation of the responsibility of the physician, health care institution and the duty of consumer courts in medical malpractice cases

Consumer courts are primarily designed to resolve disputes arising from the purchase of goods and services, with a focus on protecting consumer rights. However, the evaluation of specialized and complex services such as healthcare in these courts brings various challenges. This study addresses the appropriateness of handling medical malpractice cases in consumer courts in Turkey and examines the legal and ethical dimensions of this practice. The research explores the difficulties these courts face due to their lack of technical and medical knowledge when dealing with medical malpractice cases. The current state of medical malpractice is also considered in light of decisions by the Supreme Court. In conclusion, the establishment of specialized health courts and the review of the current judicial structure are recommended to manage medical malpractice cases more effectively and fairly. These recommendations are crucial for ensuring legal justice and protecting medical standards. Keywords: Malpractice, Medical malpractice, Consumer, Consumer courts