A.İ., who lives in İzmir, was admitted to the emergency department of a private hospital in 2022 with complaints of shortness of breath. Diagnosed with massive pulmonary embolism, A.İ. was treated in intensive care. During this process, A.İ.'s spouse, T.İ., was asked to pay a total of 120,000 lira in installments for the interventions made to the patient. After paying the requested amounts, T.İ. later took the matter to court through her lawyer Aleyna Güler Esen. In the case opened at the İzmir 7th Consumer Court, the expert committee's examination determined that the interventions fell under the scope of 'emergency'.
Following this determination, the court stated that the fee requested by the private hospital was contrary to legal regulations and decided to refund the amount paid along with interest. After the hospital's appeal, the case was sent to the Ä°zmir Regional Court of Appeal, 13th Civil Chamber. The appellate court noted that the first-instance court's decision was in accordance with procedure and law, and it was understood that the treatment applied to the plaintiff was within the scope of 'emergency', rejecting the hospital's appeal. Thus, the decision was upheld by the higher court and became final.
Describing the process, plaintiff's lawyer Aleyna Güler Esen stated, "Our client knew that she should not have to pay since she entered through the emergency department, but she continued to make payments because she felt compelled. Then she came to us. We told her that she was right and that no payment should be made, and we took the matter to court. We filed a lawsuit in the consumer court. The expert report prepared determined that our client's hospitalization was within the scope of 'emergency', and our case was accepted by the court. The private hospital appealed the decision, but the İzmir Regional Court rejected the appeals, confirming our client's rightfulness."
Esen emphasized that the 'right to life' is guaranteed by the state, stating, "The Health Implementation Communiqué regulates certain situations where additional fees cannot be charged. Emergency situations are at the forefront of these cases. When we enter the emergency department, the private hospital cannot charge for any procedures until our emergency ends. Since this was the case in this incident, it was decided to refund the 120,000 lira paid by our client along with interest. The right to life is a fundamental right regulated in Article 17 of the Constitution of the Republic of Turkey. The right to life means not only being able to sustain life but also being able to sustain it healthily. Our ability to sustain our lives healthily is also protected by the state. Citizens can apply to consumer courts or consumer arbitration boards regarding the amounts they have paid when faced with such situations," she said.