The legal battle of the woman who had her breasts removed due to a misdiagnosis has been ongoing for 7 years.

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Çiğdem Kışlalı (52), who had her breasts removed due to advanced stage breast cancer at a private hospital in Kocaeli, but was later found not to have cancer, had filed a lawsuit against the hospital and doctors 7 years ago, which concluded last year. The court ruled that Kışlalı should be compensated, but the decision was appealed. The appellate court overturned the decision, stating that the reports obtained during the court process were incomplete and requested new reports.

Feeling a mass in her breast, Çiğdem Kışlalı, a mother of two, visited a private hospital in Kocaeli in October 2017. Various tests and examinations were conducted in the general surgery department. After the tests, the doctor allegedly informed Kışlalı that she had stage 5 breast cancer and that the cancer was severe, stating that she needed emergency surgery. Kışlalı underwent three operations on different dates, spending a total of 20 hours in surgery, during which both of her breasts were removed.

DOUBTED WHEN NO CHEMOTHERAPY OR MEDICATION WAS GIVEN

After a while post-surgery, Çiğdem Kışlalı became suspicious when she was not given chemotherapy or medication and obtained the pathology results months after the surgery. Reviewing the results from the pathology clinic of the same private hospital, Kışlalı learned that the examination of the tissues removed from her breast during the surgery showed no cancer cells were found. Having paid over 50,000 TL to the hospital during the surgery and treatment process, Kışlalı went to the prosecutor's office with the reports and documents in hand and filed a complaint against the doctor and hospital administrators. Following the investigation, a lawsuit was filed against the doctor and the hospital.

COURT RULED FOR 225,000 TL COMPENSATION

The lawsuit, which had been ongoing for about 6 years at the Kocaeli 1st Consumer Court, concluded on November 28 last year. The court ruled that the defendant should jointly pay 25,000 TL in material damages and 200,000 TL in moral damages. Both Çiğdem Kışlalı and the defendants appealed the court's decision through their lawyers. Kışlalı appealed, stating that the amount of compensation awarded was very low, while the defendants' lawyers claimed that the trial was incomplete and erroneous, taking the court's decision to a higher court.

APPELLATE COURT OVERTURNED THE COURT DECISION

The Sakarya Regional Court of Appeals 5th Civil Chamber, which reviewed the appeals, overturned the decision of the Kocaeli 1st Consumer Court. The Regional Court of Appeals stated that a panel of three expert witnesses, consisting of university faculty members, should be established to investigate whether there was any fault on the part of the doctors and the hospital regarding the cancer diagnosis and the operations performed. The court indicated that this panel should prepare a report that is explanatory, suitable for the parties, the court, the appellate court, and the Supreme Court's review, and that a decision should be made accordingly. The court ruled that establishing a judgment with incomplete examination was contrary to procedure and law, and therefore the decision should be overturned.

LAWSUIT RESUMED

After the overturning decision was sent to the Kocaeli 1st Consumer Court, the lawsuit resumed yesterday. The court, which listened to the parties, decided to request a report from a panel of five expert witnesses consisting of specialists in plastic and aesthetic surgery, general surgery, orthopedics and traumatology, obstetrics and gynecology, and oncology, in accordance with the appellate court's decision, and adjourned the hearing.

"I CAME FOR MY LAWSUIT THAT REPEATS EVERY YEAR"

Speaking in front of the courthouse after the hearing, Çiğdem Kışlalı said, "I came for my lawsuit that has been ongoing for 7 years, known by everyone, and repeats every year. The appellate court has also overturned the decision due to insufficient documents. A new court date has been set. My case is still being prolonged, but I firmly believe that justice will be served. Even if it is not found here, I definitely believe that my Lord is with me in the eternal realm."

Describing the process, Kışlalı stated, "The reasons for the appeal were said to be due to insufficient reports, but a new expert report will be prepared, and a Forensic Medicine report has been requested. This case file will go back to these units, and meetings will be held with the doctors again. A date has been set for February 25, and I will be here again on February 25, saying 'I am a victim, I am seeking my rights.'"