The Changing Paradigm of Medical Malpractice: Patient Safety and Legal Responsibility

Abstract

Reason's Swiss Cheese Model and the approach of World Health Organization to patient safety form the theoretical basis for a shift from punitive to preventive healthcare systems. While medical responsibility in Turkish law is subject to different procedures in terms of criminal, compensatory, and disciplinary dimensions, institutional organizational failures are becoming increasingly prominent in current judicial and expert witness practices. The obligation of healthcare institutions to provide adequate personnel, technical infrastructure, team coordination, record-keeping systems, and safe care processes is as important as individual professional diligence. Furthermore, distinguishing between complications and preventable malpractice and considering informed consent as a fundamental condition for legality are necessary. In conclusion, incident reporting systems, root cause analysis, clinical risk management, standard checklists, and continuing education are essential tools that can reduce both patient harm and legal disputes. The contemporary approach aims to not only identify those at fault but also create learning and highly reliable healthcare institutions that prevent the recurrence of similar incidents. This editorial argues that medical malpractice cannot be considered solely as individual physician error; it must be addressed holistically, considering patient safety, institutional organization, and legal responsibility.