Investigation of fatal medical malpractice cases concluded between 2010-2020 in the high judiciary

Aim: The number of criminal and compensation cases with the claim of medical malpractice is increasing in our country and in the world. Among all, the proportion of fatal medical malpractice claims is substantial. The most tragic outcome of medical malpractice is death. Therefore, our aim is to study fatal medical malpractice cases by examining the high court appeal decisions, to reveal the findings that can help the expert and trial processes to progress more healthily, based on the importance of autopsy. Materials and Methods: In our study; 380 high court appeal decisions, between 2010 and 2020, determined according to our inclusion and exclusion criteria, with the allegation of fatal medical malpractice, were examined. Findings: The contradiction between the reports of same expert agency in the cases without autopsy was significantly higher than the cases with autopsy (p<0.05). The need for an additional expert report to be used in the retrial on the merits in the cases without autopsy in the appeal decisions of the Court of Cassation Civil Chambers was significantly higher than the cases with autopsy (p<0.05). Results: The data from our study reveal that autopsy in fatal medical malpractice cases facilitates reaching the concrete material truth, accelerates the final decisions of the high judicial authorities, ensures a healthier functioning of the expert witness and trial processes. Therefore, it is necessary to perform an autopsy in fatal medical malpractice cases as circumstances allow. The uncertainties and disadvantages of not performing an autopsy should not be burdened only on physicians and health administrations during the judgement process.