Turkish doctor found liable for causing disability: Compensation over $130K

A court in Izmir, Türkiye, has ordered Professor Dr. Kemal Yucesoy to pay approximately $130,536 in damages to Canan Yilmaz after a failed surgery left her disabled. The case sheds light on a medical malpractice suit that lasted five years, following a botched operation that went ahead without patient consent.

Medical missteps lead to devastating consequences

In 2016, Canan Yilmaz, 38, visited Professor Dr. Kemal Yucesoy, a specialist in neurosurgery, with complaints of persistent back pain. After examining her, Yucesoy diagnosed her with a herniated disc and recommended urgent surgery. At just 29 years old, Yilmaz was told that without surgery, she could face incontinence. Fearing the worst, Yilmaz agreed to undergo the procedure.

Despite not being offered any alternative treatments such as medication or physical therapy, Yilmaz underwent the surgery at a private hospital just one week later. However, the operation caused more pain than relief.

Unauthorized surgery and faulty diagnosis

Following the surgery, Yilmaz’s pain worsened, and she began seeking help from other doctors. One of them questioned the presence of screws in her spine, asking, “What are these screws doing in your back at your age?” Further investigations revealed that Dr. Yucesoy had placed eight screws in her spine without obtaining her consent. Shockingly, the screws had impacted her nerves, leading to lasting harm.

Court ruling: Significant compensation for malpractice

Realizing that her situation had been mishandled, Yilmaz filed a malpractice lawsuit in 2019 with the help of her lawyer, Duygu Delibas. The case went through a thorough legal process, including an expert medical report. It concluded that Dr. Yucesoy had performed an unnecessary surgery and failed to obtain proper consent before inserting screws into Yilmaz’s spine. The report emphasized that he had violated the duty of care owed to his patient.

After five years of legal proceedings, the court ruled in favor of Yilmaz, ordering Dr. Yucesoy to pay approximately $130,536 in both material and moral damages, along with the accrued interest since 2016.

33% disability resulting from surgery

Yilmaz’s lawyer, Duygu Delibas, commented on the outcome, stating, “In pursuit of a quick financial gain, the doctor opted for surgery despite it not being necessary, which caused our client to be left with a permanent disability of 33%. We fought for five years to hold him accountable, and the court’s decision is a victory for our client.”

The doctor performed an unnecessary surgery without consent, causing lasting harm. This case emphasizes the critical importance of patient consent and medical responsibility.