In short
In malpractice the criminal route and the route of damages are not the same action, and one does not itself build the judgment of the other. The criminal case looks for a claim of negligent injury or negligent killing. Damages look for harm and causation. One can run before the other is brought. An acquittal does not itself pass in place of a judgment for damages. A conviction does not fix the amount of damages either. A prison term, a damages figure, and a statistic are not in this note.
The criminal question and the question of damages
The criminal trial asks whether the act fits the type of the offence and the defendant's negligence. The civil or administrative court asks who will pay which harm. The same discharge summary enters both questions. The answers may not overlap. The discharge summary does not itself pass in place of the criminal indictment. The indictment is not the breakdown of the treatment invoice either. An invoice can show the head of the harm. The invoice does not itself show that the offence was constituted.
The heads of damages sit on the heads of damages page. The concept of fault sits under medical malpractice. This note is only that the two routes do not stand in for each other. The two petitions can be given on the same day. Having been given on the same day does not mean the two files have joined. Each petition asks for its own result. Writing an amount on the criminal petition does not bring the action for damages.
An act that depends on a complaint
Article 89 of the statute regulates negligent injury. Investigation and prosecution depend on a complaint. The exception is this. Apart from simple injury within the first paragraph, if the offence was committed with conscious negligence, a complaint is not required. Article 85, negligent killing, does not depend on a complaint. On a claim of death the prosecution can move on its own. This does not mean every death is negligence. A death certificate does not stand in for a decision of negligence.
In offences that depend on a complaint, the person with authority must complain within six months. The time is tied to learning of the act and of the offender. Six months is not the limitation for damages. Six months is not a prison term either. A prison term is not written in this note. The criminal time can pass, and the civil or administrative time stands separately. If the date of knowledge is not on the document, it is not guessed from which day the six months ran. Service, or the minutes of the complaint, carries the claim of knowledge. A paper that does not carry it is not treated as having started the time.
The chamber of physicians, the patient-rights unit, and the prosecution are not the same paper. Discipline examines professional practice. The criminal case examines the offence. Damages examine the harm. Saying that a complaint was made to all three does not mean all three were opened. Which form goes where sits on the a complaint about a doctor page. The application shows in its heading which authority it aimed at. If there is no heading, the paper can wait in the wrong unit.
An acquittal does not itself erase the damages
An acquittal for insufficiency of evidence is not a judgment that there is no fault. That it is established the act was not committed by the accused is one thing. That it is established there was no fault is another. The court of damages can weigh the harm separately with the record in hand and with an expert. The acquittal does not itself pass in place of the civil file. The damages are not treated as closed before the reason of the decision is read.
A conviction is a strong datum in the discussion of the act and of fault. It does not itself write the amount, the treatment invoice, or non-pecuniary damages. A statistic is not put in place of this distinction. The questions of the criminal expert and of the damages expert sit under an expert report. Holding the civil action until the criminal case ends is not compulsory. Holding it does not stop the clock of an application to the administration or of limitation. If there is no decision to wait, the civil file has not itself stopped.
The complaint petition writes which act was learned on which date. If the line of knowledge is missing, the start of the six months does not come out of the document. A start that does not come out is not made into a day in this note. The minutes of a statement in the criminal file do not themselves pass in place of the petition for damages. Even if the two sets of minutes tell the same event, the questions are separate.
What is looked at in the two files
The split between the criminal case and damages in malpractice is built from which petition carries which question. An acquittal is not counted as a refusal of damages. A prison term is not written. A damages figure and a statistic are not written.
The office in Çankaya does not choose the authority the file will go to.
Conclusion
A criminal complaint is not a copy of the action for damages. Negligent injury depends, as a rule, on a complaint. Negligent killing does not. An acquittal does not always bring the damages down. Six months is not a prison term. The frame sits on the health law page. The basis is the text of Law No. 5237 and Law No. 5271.