New Law Governs Medical Liability and Protects Rights of Patients and Healthcare Providers

Law No. 13 of 2025 has recently been enacted to govern the medical liability and ensure patient safety, establishing a comprehensive framework to safeguard the rights of both patients and healthcare professionals. The Law aims to enhance the quality of healthcare services and provides a unified approach to addressing civil, criminal, and administrative medical liability.

The Medical Liability Law outlines the circumstances under which medical professionals are exempt from liability, prohibits specific practices by healthcare providers, and introduces a medical malpractice insurance fund. It also expands patients’ rights, including the right to safe medical services and the right to leave healthcare facilities once their condition stabilizes.

Comprising 29 articles across five chapters, the law addresses: general provisions of medical liability; obligations of healthcare providers and facilities; procedures related to technical expertise and medical liability committees; compensation for medical errors; and applicable penalties.

The initial articles stipulate that the Law will be applied in conjunction with Law No. 71 of 2009 concerning Psychiatric Patient Care. They also require healthcare providers and entities to contribute to the insurance fund within six months of the law’s issuance, with the possibility of an extension. Executive regulations must be issued within six months, and the Law will come into force six months after its publication in the Official Gazette.

The Law explicitly prohibits eight specific practices by healthcare providers, including: exceeding the scope of their license; treating patients without consent (except in emergencies); refusing to treat emergency cases; discontinuing care before a patient’s condition stabilizes; using unauthorized methods; disclosing patient information (except in legally permitted cases); performing procedures contrary to established legislation; and examining patients of the opposite gender without consent or a chaperone (except in emergencies).

Additionally, the Law establishes a Government Insurance Fund to compensate individuals harmed by medical errors and introduces penalties for insulting healthcare professionals while performing their duties.

It further specifies conditions exempting medical professionals from liability, such as harm resulting from known complications, adherence to established medical standards, or the patient’s own actions or refusal of treatment.

Finally, the Law affirms patients’ right to file complaints, outlines mechanisms for addressing false reports, and clarifies that misuse of this right may lead to legal consequences.

To review the Medical Liability and Patient Safety Law