In short
The court that will hear a malpractice action is separated according to whether the health service was given in a public institution or in a private institution. In a public hospital the competent place is the administrative court. In a private hospital or with a physician in independent practice the jurisdiction is the civil courts. If the relationship is treated as a consumer transaction, the consumer court comes up. The address of the office does not choose the court. A day of venue and a damages figure are not in this note.
The place where the service was given and the defendant's residence are not melted into the same sentence. The wrong door strains jurisdiction and venue together. The clock and the list of heads are not the subject of this record.
A public service is in the administrative court
Harm arising from a health service in a state or university hospital is the subject of a full remedy action. Jurisdiction is in the administrative court. An action brought in the civil court can be dismissed for lack of jurisdiction. The dismissal does not mean the claim was well founded. It only shows that the door can change.
Venue follows the order of Article 36 of the Code of Administrative Procedure. The court competent to resolve the administrative dispute that gave rise to the harm is the place where the service was given or where the action was done. If these are missing, the claimant's residence is spoken of. An intervention done in a public hospital can bring up the administrative court of that place as the place where the service was given. If the patient lives somewhere else, residence is read only in its place in the order. Residence is not written as the first venue in every file by skipping the order. If a university hospital is a public service, the door is the administrative court. A private hospital in the same city is not a copy of this door.
A private institution is spoken of in the civil courts
A dispute with a private hospital and a physician in independent practice is the work of the civil courts. The defendant's place of residence is the general venue. In tort, the place where the act was committed, the place where the harm arose, or the residence of the person who suffered harm can also be competent. The place where the private hospital is can bring up the civil court of that place as the place where the act was committed. If the patient's residence is in another city, that city can also be an option. The option does not end with the label in the petition. The court looks at the character of the relationship.
The relationship can be characterised as a consumer transaction. That characterisation can open the jurisdiction of the consumer court and the condition of mediation. The characterisation is not itself completed by writing "consumer" on the petition. If there are no minutes of mediation, the condition of the action is asked separately. The minutes do not lock the name of the competent court in every file.
Neighbouring records
The calendar of the application sits under limitation, and the public route itself under a public hospital. The first frame of a private institution sits under a medical error in a private hospital, and the condition of mediation under mediation. The split between the criminal file and the claim for damages sits under crime and damages. This record only separates the place of jurisdiction and of venue. A damages figure is not carried here.
Which papers show the place of jurisdiction
The document that is read is the discharge summary, the hospital invoice, and the defendant's open address. The invoice can show whether the procedure passed in a private institution or in a public hospital. The invoice does not produce a damages figure. A contract or a patient-admission document can carry the operator's name. The contract does not itself choose the competent court. Service keeps the date of the writing that went to the administration or to the company. Service does not write a day of venue. The petition should separate the place where the service was given and the defendant's residence. Taking the two for a single city skips the order of Article 36. If the decision is a lack of jurisdiction or a lack of venue, it writes which door will be gone to. While there is no decision, a new court name is not announced. The application should build the public or private split from the type of the institution. The register can show the physician's place of duty. The register does not carry the administrative court to a private hospital. If the minutes show a mediation meeting, those minutes are read for the consumer condition.
Where the competent place is read from
The type of the institution, the place where the service was given, and the defendant's residence are separated. A day of venue and a damages figure are not written. The office address is not counted as the competent court. The office in Çankaya does not change the competent authority.
A district name does not change the standard of care. The two doors stand side by side. The wrong door does not decide the merits of the claim.
Conclusion
Jurisdiction is the administrative court in a public service, and the civil courts in a private relationship. The place where the service was given, or the defendant's residence, can tie venue to the court of that place. A lawyer in Ankara does not write a day of venue or a damages figure. The frame sits on the health law page. The basis is Article 36 of Law No. 2577 and Law No. 6100.