06.05.2025 19:27
A 52-year-old woman, who had both of her breasts removed in three separate surgeries due to advanced-stage breast cancer at a private hospital in Kocaeli, has taken the matter to court. In a retrial of the case she filed against the hospital and doctors eight years ago, the court ruled that she should be compensated with 25,000 Turkish Lira for material damages and 200,000 Turkish Lira for moral damages.
Çiğdem Kışlalı (52) felt a lump in her breast in Kocaeli and applied to a private hospital in the city in October 2017. After various tests in the General Surgery department, Kışlalı was allegedly told by the doctor that she had stage 5 breast cancer and needed to undergo emergency surgery. After undergoing 3 operations on different dates and spending a total of 20 hours in surgery, both of Kışlalı's breasts were removed during these operations.
LEARNED THERE WAS NO CANCER IN THE PATHOLOGY RESULT
After a while post-surgery, Kışlalı became suspicious when she was not given chemotherapy and medication, and she accessed the pathology result. Upon examining the result from the pathology clinic of the same hospital, Çiğdem Kışlalı learned that no cancer cells were found in the samples taken from her breast during the surgery.
APPLIED TO THE JUDICIARY
Kışlalı, who paid over 50,000 TL to the hospital during the surgery and treatment process, went to the prosecutor's office with reports and documents and filed a complaint against the doctor and hospital administrators. After the investigation, lawsuits were filed against doctors M.T.İ. and T.C. and the private hospital.
A TOTAL OF 225 TL COMPENSATION WAS ORDERED TO BE PAID
The case at the Kocaeli 1st Consumer Court concluded on November 28, 2023, approximately 6 years later. The court ruled that the defendant should pay 25,000 TL in material damages and 200,000 TL in moral damages. Both Çiğdem Kışlalı and the defendants appealed the decision through their lawyers. Kışlalı stated that the amount of compensation awarded was very low and appealed through her lawyer, while the defendants' lawyers claimed that the trial was incomplete and erroneous, taking the court's decision to a higher court. The Sakarya Regional Court of Appeals 5th Civil Chamber stated that a panel of 3 expert witnesses should be established and annulled the decision of the Kocaeli 1st Consumer Court.
THE COURT GAVE THE SAME DECISION AGAIN
After the annulment decision was sent to the Kocaeli 1st Consumer Court, the case resumed in November of last year. In the 3rd hearing of the case, Çiğdem Kışlalı and the hospital's lawyer were present. The court applied its previous decision and ruled that 25,000 TL in material damages and 200,000 TL in moral damages should be jointly paid to Kışlalı with interest accruing from the date of the lawsuit.
"I CANNOT HAVE SURGERY FOR 225,000 TL TO RECOVER MY HEALTH"
Speaking in front of the courthouse after the hearing regarding the decision, Çiğdem Kışlalı said, "I think I haven't made any progress at all. Because I have a decision given by the judge in my hand. I mean, 'You are right, take this money and be quiet' was said. I don't know what to say anymore. Right now, if I were to undergo an operation to regain my health, I cannot afford surgery with 225,000 TL. My mental and emotional state is at rock bottom. So this is what justice is, there is nothing to be done. I see 3-5 more people along with me. Some have been left disabled, some have undergone surgery again. Should I say now, 'Justice really does not prevail in Turkey'? What should I do?"
"I WAS TOLD 'YOUR BODY CAN BE INFECTED'"
Describing the process, Çiğdem Kışlalı said, "There was a small lump in my breast. When I went to the doctor for that lump, I was told urgently, 'You need to have this lump removed immediately. It can infect your body within a day or a year.' I encountered something like this for the first time in my life. Of course, we do what the doctors say. There were already two doctors. Within that group of doctors, one passed it to another, and they extended this process over 3 months according to their convenience," she expressed.
"THEY LEFT ME DISABLED"
Kışlalı stated that the hospital and doctors left her disabled, saying, "For 8 years, we have been sending this, we are sending expert reports, we are sending Forensic Medicine Reports. It was determined in the 8th page of the Forensic Medicine Report that no consent was obtained from me in any way, there is a written document. I said this, and today the judge renewed the decision in the same way with the same amount he gave 3 months ago. They also took my lymph nodes from under my right arm. They left me disabled. I did not know that my lymph nodes would be taken during the surgery," she said.
"AS A COMFORT, THEY TOLD ME 'BE HAPPY THAT YOU ARE NOT CANCER'"
Kışlalı said, "When I came out of surgery, my family was told, 'The lymph nodes were also cleaned, there is nothing.' As a comfort, they told me, 'At least be happy that you are not cancer.' Okay, I should be happy, but I lost my profession, I lost my womanhood. My entire mental and emotional state has collapsed. Where is justice? I am still coming and going. I do not live here," she concluded.