A couple living in Kocaeli Izmit, Faruk (44) and Serpil Gural (40), decided to visit a private hospital in the city center for routine check-ups when they found out that they were going to have their second child. Concerned about the mother’s health issues during pregnancy, they requested tests to determine if the baby was at risk for any birth defects, but the doctor reassured them that the baby’s health was good and did not proceed with the tests.
In the 8th month of pregnancy, Serpil Gural went to the hospital for a routine check-up and was immediately rushed for delivery due to the baby being at risk of death. Tests after the birth revealed that the baby had Down syndrome. The Gural couple filed a lawsuit against the hospital and doctor for medical negligence resulting in their distress. The case was brought to the Kocaeli 1st Consumer Court, and during the 22nd hearing held yesterday, lawyers from both sides participated.
The family’s lawyer, Feride Kulcu, requested that the case be accepted. On the other hand, the defendant’s lawyers requested the dismissal of the unsubstantiated case. The Kocaeli 1st Consumer Court ruled that a total of 21,089,691 Turkish Liras in compensation, 200,000 Turkish Liras in moral damages, and legal interest from the date of the lawsuit be paid by the defendants to Serpil Gural.
Speaking to journalists, Faruk Gural shared his experience, mentioning that they had their first child through IVF treatment 8 years after getting married and then naturally conceived their second child in late 2015. Despite financial constraints, they visited a private hospital and consulted doctors when Serpil experienced nausea and the baby’s lack of movement in the 6th and 7th months of pregnancy.
The doctor did not conduct further tests after the initial check-up, claiming that the baby was healthy. Faruk stated that they trusted the doctor’s assurances, even though they expressed concerns about their health problems. When they went for a check-up in the 8th month of pregnancy, the doctor informed them of the urgent need for delivery due to the baby’s risk of death. After the birth, they discovered that their son had Down syndrome.
Expressing his determination to use the compensation for his son’s education, Faruk shared that he researched the care of a child with Down syndrome as it was their first encounter with such a situation. Despite the emotional and financial toll, he decided to pursue the case to provide a better future for his child. Their 8-year-old son is currently receiving education, but his developmental milestones have been delayed, making the education process exhausting. Faruk highlighted that the outcome of the case brings him joy as it serves as a precedent for other families to stand up for their rights.
