Health and malpractice
Article 49 of the Turkish Code of Obligations
Article 49 of the Turkish Code of Obligations concerns making good the harm one person causes another by a culpable and unlawful act. The article does not treat every poor outcome as fault. In a health file, a complication and fault do not melt into this article’s sentence. The current text is on the official page.
The article can come up even when no contract was made. If there is a contract between a hospital and a patient, liability is not squeezed into this article alone. At a public hospital an administrative route is read separately. This page does not choose which route is open.
If the discharge summary, the consent and the procedure note do not sit together, it cannot be said whether the article applies. The record check asks whether you have the paper. A diagnosis is not typed.
The last check, on 13 November 2026, was that the heading of article 49 is present in the text of Law No. 6098 on the legislation system. The full text is not repeated here. How the heads of compensation sit in a file is a separate article.
This page does not replace the official text.
Official source
Next step
Questions
Does this article say fault was found?
No. The act, unlawfulness and the harm are read from the file.
Is a complication the result of this article?
No. A complication is not a tort by itself.
Last legislation check: 2026-11-13. Av. Ayşenur Konar.