The Eurasian journal of medicine · 2026
Evaluation of Medical Malpractice in Primary Healthcare: A 20-Year Retrospective Analysis of Supreme Court Decisions.
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Taşdemir Sancı Gülşen, Sancı Abdulkadir, Vural Talip
Аннотация
BACKGROUND: Medical malpractice occurring in primary health care settings may have significant consequences for patient safety, quality of care, and the legal liability of health care professionals. This study aimed to retrospectively examine malpractice cases alleged to have occurred in primary health care institutions in Türkiye and adjudicated by the Court of Cassation, in order to describe the types of errors, case outcomes, characteristics of the judicial process, and decision patterns.
METHODS: Using the official decision search system of the Presidency of the Court of Cassation of the Republic of Türkiye, 22 decisions meeting the inclusion and exclusion criteria were identified and included. Data were evaluated with respect to the type of action (civil compensation vs. criminal), the profession of the defendant, the alleged type of error, the outcome of the incident, the status of the expert report, and judicial decisions. Statistical analyses were performed using IBM SPSS Statistics for Windows, Version 22.0 (IBM SPSS Corp.; Armonk, NY, USA).
RESULTS: Of the decisions reviewed, 54.5% concerned compensation claims and 45.5% were criminal proceedings. Nurses constituted the most frequently prosecuted professional group (40.9%), and the most common malpractice allegation was incorrect injection administration (31.8%). The vast majority of incidents occurred in health centers/family health centers.
CONCLUSIONS: In primary health care, medical malpractice allegations primarily cluster around nursing practices and injection procedures. Strengthening training, supervision, record-keeping systems, and intra-team allocation of responsibilities will play a critical role in reducing malpractice in primary care. Cite this article as: Sancı GT, Sancı A, Vural T. Evaluation of medical malpractice in primary healthcare: A 20-year retrospective analysis of supreme court decisions. Eurasian J Med. 2026, 58(3), 1360, doi: 10.5152/eurasianjmed.2026.261360.
METHODS: Using the official decision search system of the Presidency of the Court of Cassation of the Republic of Türkiye, 22 decisions meeting the inclusion and exclusion criteria were identified and included. Data were evaluated with respect to the type of action (civil compensation vs. criminal), the profession of the defendant, the alleged type of error, the outcome of the incident, the status of the expert report, and judicial decisions. Statistical analyses were performed using IBM SPSS Statistics for Windows, Version 22.0 (IBM SPSS Corp.; Armonk, NY, USA).
RESULTS: Of the decisions reviewed, 54.5% concerned compensation claims and 45.5% were criminal proceedings. Nurses constituted the most frequently prosecuted professional group (40.9%), and the most common malpractice allegation was incorrect injection administration (31.8%). The vast majority of incidents occurred in health centers/family health centers.
CONCLUSIONS: In primary health care, medical malpractice allegations primarily cluster around nursing practices and injection procedures. Strengthening training, supervision, record-keeping systems, and intra-team allocation of responsibilities will play a critical role in reducing malpractice in primary care. Cite this article as: Sancı GT, Sancı A, Vural T. Evaluation of medical malpractice in primary healthcare: A 20-year retrospective analysis of supreme court decisions. Eurasian J Med. 2026, 58(3), 1360, doi: 10.5152/eurasianjmed.2026.261360.