Material And Moral Compensation Body Integrity Petition
TO THE HONORABLE JUDGE
.......THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANTS :…….
SUBJECT :……. Without prejudice to our right to claim and sue for moral and redundancy ……. Our Request for the Collection of Material Damages from the Defendants Jointly and Severally, together with legal interest as of …/…/…..
EXPLANATIONS :1-Our client applied to ……. hospital in November 1995 due to chest discomfort. Hospital in November 1995 due to chest discomfort. The other defendant ……., who examined her, referred our client to the other defendant ……. in …… for the necessary analyzes.
2- A piece of our client’s chest was taken and examined at ……. on …….. Afterwards, our client took the pathology report dated ……. from ……. to …….. ……. examined the pathology report from ……. and diagnosed our client with breast cancer and told her that she should have surgery because the disease was advanced.
3-Then our client’s breast was removed by the same doctor on …….. After the surgery, our client’s breast was examined again at the …… Laboratory on ../../…. and a pathology report was given on ../../….. The defendant Dr. ………., who also examined this report, said that the cancer diagnosis was correct and sent our client to ……. Training Hospital Oncology and Nuclear Medicine Center for radiotherapy treatment.
4- Before starting the treatment of our client at ………, our client was told that new tests were required and that she should bring the materials taken from her at …….. Thereupon …….. The materials taken from the ……… laboratory were taken to ……… Hospital for examination and examined in the Hospital Laboratory.
5- As a result of the examination and test results ……. Hospital Oncology Clinic Doctor declared that our client did not have cancer. Our client, who learned that she did not have cancer and that her breast was removed as a result of misdiagnosis, experienced a great shock and realized her victimization.
6- As a result of these developments, our client experienced a great physical and mental collapse. His wife and children were also negatively affected as a result of this incident and experienced sadness and unrest as a family. Our client is only 41 years old and it is clear that in his future life, he will experience the pain and suffering of his unnecessarily removed chest and will feel its deficiency.
7-In addition, our client has also suffered financial losses by incurring various expenses such as hospital, medicine and travel. Our client needs to have a prosthetic breast instead of her unnecessarily removed breast, at least in order to aesthetically correct her appearance. It is not possible for our client to meet the financial burden of this. Therefore, we are obliged to demand financial compensation.
8-The responsibility for these developments lies with the …… Laboratory, which has given erroneous reports twice in a row, and the …… General Directorate, which is affiliated with the doctor and the doctor who has a power of attorney relationship with our client who performed the surgery without the need for any new examinations and tests upon the first report given by this laboratory and abused this relationship.
9-In the light of the above-mentioned reasons and developments, it has become necessary to apply to your Court in order to eliminate the victimization of our client to some extent.
LEGAL GROUNDS : Code of Civil Procedure, Code of Civil Procedure, Relevant Legislation
EVIDENCE : Pathology Reports, Hospital Records, Other Legal and Discretionary Evidence, etc.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST : For the reasons stated above, without prejudice to our right to claim and sue for more ……. material and ……. non-pecuniary damages together with legal interest from the date of …/…/…., jointly and severally to be collected from the defendants, to charge the trial expenses to the defendants, and to award the counterparty attorney fee on our behalf as a lawyer in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
