Examination of medical malpractice cases adjudicated at the supreme court of the republic of Turkey between 2016-2022

Aim: Allegations of medical malpractice are on the rise not only global but also in our country. Healthcare professionals are facing not only criminal sanctions but also substantial compensation payments. In our study, the examination of decisions by the Supreme Court, which is the ultimate authority in such cases, aims to identify situations considered as faults, provide information on professional risky situations to prevent harm to both physicians and patients, offer guidance on diagnosis, treatment and follow up understand the allegations aganist healhtcare professionals and contribute to resolving issues in practice to ensure that physicians and patients do not suffer harm. Material and Method: In our study, a review was conducted of 532 Supreme Court appeal decisions between the years 2016 and 2022 involving allegations of medical malpractice by searching through the official decision search website of the Supreme Court of the Republic of Turkey and the Sinerji precedent program. Results: Complaints related to allegations of medical malpractice indicate that 91.8% of the complained healthcare professionals are physicians. Among physicians, the most frequently implicated specialties are obstetrics and gynecology in surgical branches and pediatrics in internal branches. It was found that complaints most commonly arise due to negligence, deficiency or delay in treatment. It was observed that morbidity occured in 56.8% of cases, mortality in 32.9% and 43.6% sought hospital care under emergency conditions. The most frequently performed procedure was found to be surgical intervention. In the criminal cases, decisions in favor of physicians and other healthcare professionals were reached in 69.1% of first instance court rulings, while in the civil (compensation) cases, decisions favored healthcare professionals in 76.2%. However, it was found that 92.2% of civil court decisions were overturned by the Supreme Court and the primary reason for the reversals was often identified as the inadequacy or insufficiency of expert reports. Conclusion: To minimize issues related to allegations of medical practice errors, healthcare professionals should enhance their Professional knowledge and experience particularly in informed consent and establish effective communication with patients. Autopsies have a positive impact on concluding legal processes. Reasons for reversals due to inadequacies in expert reports can be overcome by courts asking clearer and more understandable questions to experts based on party complaints. Keywords: Supreme Court Decisions, medical practice errors