Court ruling on 'that' doctor in the newborn case: Mother's objection accepted

The Ministry of Health's Professional Responsibility Board had previously decided that there was no need for an investigation into the doctor regarding the newborn baby who lost their life in Kocaeli. An important development has occurred. The board's decision was taken to court by the baby's mother, Birgül Oturak. The Ankara Regional Administrative Court ruled that permission for an investigation into the doctor should be granted to conduct an inquiry into the baby's death.

Mother Birgül Oturak stated that her baby, Ediz Yekta, who was born prematurely at 28 weeks, received treatment in the private hospital's intensive care unit for 72 days but lost their life.

Oturak filed a criminal complaint with the prosecutor's office, alleging that her baby died as a result of 'incorrect intervention'.

The Gebze Chief Public Prosecutor's Office requested permission from the Ministry of Health to investigate the pediatrician, Dr. M.F.Ş.

The Ministry of Health's Professional Responsibility Board, based on an expert report, stated that the doctor was not at fault and did not grant permission for an investigation.

However, mother Oturak appealed this decision and applied to the Ankara Regional Administrative Court. The appeal petition included the following statements:

'The doctor had stated in the presence of witnesses that the baby's health condition was good. However, the Ministry of Health made its decision without listening to the witnesses.'

The court unanimously accepted the appeal, overturned the Ministry of Health's decision, and ruled that the file be forwarded to the Gebze Chief Public Prosecutor's Office. Thus, the path was cleared for an investigation to be conducted into the doctor.

It has emerged that there were previous complaints against Dr. M.F.Ş. In 2023, a mother who gave birth to quadruplets at the same hospital lost three of her babies, and one baby suffered vision loss.

Following this incident, a criminal complaint was filed against the doctor and the hospital management. However, it was learned that the Ministry of Health has not yet made a decision regarding this file.

The court's decision will ensure that the controversies surrounding the baby's death are clarified through a judicial investigation.