Healthcare Law

Healthcare law concerns patients' rights and the lawful operation of healthcare providers.

Services

  • Advertising and Promotion Compliance

    Advice on healthcare providers' compliance with advertising and promotion rules and on proceedings before the Advertising Board.

  • Protection of Personal Health Data

    Advice on the collection, processing, storage and sharing of health data under the KVKK and the GDPR.

  • Informed Consent Forms and Contracts

    Preparation of informed consent forms, patient service agreements and insurance and provider contracts.

  • Content Removal and Unlawful Publications

    Legal proceedings for the removal of misleading content and content that infringes personal rights.

  • Medical Malpractice and Liability

    Defence support in malpractice claims, both in pre-litigation settlement and in court.

  • Licensing and Regulatory Approvals

    Follow-up of licence applications and regulatory compliance for pharmacies, polyclinics, hospitals and similar institutions.

  • Supplier and Collaboration Agreements

    Drafting of agreements between healthcare institutions and medical device manufacturers, pharmaceutical companies and logistics providers.

Frequently asked questions

What advertising rules apply to healthcare providers in Türkiye?
Promotion by healthcare providers falls under Ministry of Health regulations and the Regulation on Commercial Advertising and Unfair Commercial Practices. Promotion must stay within informational limits, and content that directs patients, creates demand or promises outcomes is prohibited as a rule. The Advertising Board may impose administrative fines and order the content to be suspended.
How are personal health data treated under Turkish law?
Health data is a special category of personal data under Article 6 of Law No. 6698 (KVKK) and receives stricter protection than ordinary data. Processing must rest on explicit consent or a statutory exception, and the technical and administrative measures in the Regulation on Personal Health Data must be taken.
Why is an informed consent form mandatory?
Informed consent means the patient is told the nature, risks and alternatives of the proposed intervention and then gives consent. The obligation arises from the Regulation on Patient Rights, written records matter for evidence, and improperly obtained consent can create liability even where the intervention was lawful.
What should a clinician do when facing a malpractice claim?
The patient file, consent forms and treatment records must be kept complete, and the technical defence that will form the basis of the expert's assessment should be prepared early. A claim may arrive as a compensation action, a criminal investigation or an administrative review, each under different procedural rules.
What approvals do digital health platforms need?
Depending on the service, Ministry of Health authorisation, compliance with remote healthcare rules and, where relevant, medical device software registration may apply. KVKK compliance, data processor agreements and e-commerce obligations must also be assessed together.
How can unlawful health-related content be removed from the internet?
Under Article 9 of Law No. 5651, a person whose personality rights are infringed may apply to the content or hosting provider, or ask a criminal judgeship of peace directly to order removal and blocking of access. The judgeship decides within 24 hours, and misleading health advertising can also be reported to the Advertising Board.

Contact and case review

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