The right to health, which has a constitutional basis and is one of the fundamental rights, ensures the protection of the individual's health and, when necessary, medical intervention in accordance with the law. The concept of malpractice; It includes the liability of physicians and hospitals for damages that occur as a result of faulty behavior. The liability of physicians or hospitals for damages that occur as a result of faulty behavior is considered within the scope of malpractice. The scope of responsibility varies depending on whether the hospital is public or private. When damage occurs due to physicians working in public hospitals, a lawsuit should be filed against the administration and compensation for the damages should be requested. The administration has the right to recourse against the physician for the damages it has incurred. In disputes arising from independent physicians and private hospitals, if there is no gratuitous contractual relationship, there are options to seek justice in the civil courts of first instance, and if there is a gratuitous contractual relationship, in the consumer courts. It is criticized that the consumer courts, whose jurisdiction is gradually expanding, are also the courts in charge of damages arising from the patient-physician-hospital relationship, and that the relationship between the physician and the patient-hospital is based on consumer law. The alternative dispute resolution method of mediation, which has started to be implemented in consumer law, has been made possible within the scope of health law.