In short
Mediation in a malpractice action is not a condition of the action in every file. If the dispute will be heard in the consumer court, it is a condition, apart from the exceptions in the statute, that application has been made to a mediator before the action is brought. In a full remedy action to be brought in the administrative court against a public hospital, this condition is not required. Skipping the condition is a risk of dismissal on procedure, not a refusal of the merits.
If a mediation day is not on the file, this note does not add a day. A damages figure is not written either. An amount that was not written does not stand in for the final minutes.
The condition is tied to the name of the court
Article 73/A of the Law on the Protection of the Consumer treats mediation as a condition of the action in disputes heard in the consumer courts. A private-hospital service can enter this line if the patient is a consumer and the institution is a provider. Entering it does not mean every private-hospital file is automatically a consumer action. The court makes the characterisation. The court that makes it does not change with the naming in the petition.
The cases in which the condition is not applied are listed in the statute. Disputes within the jurisdiction of the consumer arbitration committee, an objection to a decision of the arbitration committee, some actions for a measure and for a declaration that the statute shows, and consumer transactions arising from the ownership of immovable property, are inside this list. The limit of the arbitration committee is not written into this note as a figure. A limit that was not written does not choose a head of damages either.
A full remedy action in the administrative court is not a consumer court. Looking for a mediator form as a condition of the action in a public-hospital file is the wrong door. The split of jurisdiction sits under which court. Against whom the action is brought sits under against whom it is brought. The two questions do not themselves make the mediation minutes a decision of fault.
What the application solves and what it does not
The mediator does not write a report of fault. If the parties agree, the minutes bind the heads that were agreed. If they do not agree, the final minutes are attached to the petition of the action. A consumer action brought without the minutes can be dismissed on procedure for lack of the condition of the action. The dismissal does not mean the medical standard was not discussed.
The meeting does not change the medical standard. The hospital says complication. The patient says error. This discussion does not have to close in mediation. If it does not close, the expert route stays open. A route that stays open does not take a damages figure from this note. An amount is read from there only if it is written in the minutes of agreement or in the decision.
The Law on Mediation in Civil Disputes carries the arrangement of time and of the minutes. Some results of non-participation that the statute shows are not applied against the consumer. In which case the fee is met from the budget is written in Article 73/A. This note does not give a tariff figure. It does not give a day either. If the day is written in the minutes on the file, it is read from there.
How the evidence is collected sits under preservation of evidence. The minutes of preservation are not a copy of the final minutes of mediation.
A voluntary meeting and the condition of the action
On the line of the administration or of the civil court of first instance, the parties can go to voluntary mediation if they wish. A voluntary meeting does not itself pass in place of the minutes of the condition of the action. The other way, if the condition exists, a voluntary correspondence does not fill that condition. The application is made to the competent mediation bureau. The bureau is not the hospital's internal correspondence.
A criminal complaint does not close with mediation. The discussion of negligence and the bargaining over damages are separate tables. Enforcement of the minutes of agreement sits under mediation minutes. Enforcement does not collect a head that is not written in the minutes.
The limitation calendar of the file is read separately from limitation. The mediation meeting does not stop that calendar with a day in this note. If the day is not on the file, it is not added.
A lawyer in Ankara reads from the application record that the office being in Çankaya does not choose the mediation bureau or the court. The competent authority is read from the rule of jurisdiction of the dispute. An administrative action is not counted as a consumer action so that the condition itself passes. The district of the office does not change the competent court. The office address does not stand in for the final minutes.
A head that is not written in the final minutes is not itself carried into the petition of the action. A head that was not carried is not completed as a damages figure. An amount that was not completed does not give rise to a mediation day either. If the day is not in the annotation on the file, it is said that it is not there. The absence that is stated does not mean the application was not made either. That it does not mean that is read separately from the rule of jurisdiction.
Why the day and the amount are not written
A mediation day and a damages figure that are not written on the file are not added to the minutes. While there are no final minutes, it is not said that the condition of the action was filled.
Conclusion
Mediation is not a universal front door in malpractice. In a file that falls within the jurisdiction of the consumer court, the exceptions remaining reserved, it is a condition of the action. In an administrative full remedy action the same condition does not exist. The frame sits on the health law page. The final minutes are not a decision of fault. A day and damages, if they are not written on the file, are not added.