Regarding the health services executed by public bodies and institutions; administrative jurisdiction authorities in their decisions generally do not touch on the Regulation on Patient Rights (1998) and evaluate the violation of these rights within administration’s service failure. When there is a failure in health service, service failure-functional failure must be in question because this distinction is important in terms of whether the administration can or cannot recourse to public servant. In the case that the hospital personnel makes a personal mistake, this shall not prevent the administration’s condemnation for compensating the failure caused by the malfunctioning of the public service. If the service failure and personal failure are mingled, administration’s responsibility does not discharge. It is observed that the victims have not been properly satisfied in the decisions which conclude the claims of plaintiffs whose rights regulated by the Regulation on Patient Rights, have been violated. So; the reports of experts should be limited with only technical subjects. Non-pecuniary damages should be deterrent in terms of the wrongdoer. Regarding pecuniary (financial) liability, administrative jurisdiction authorities should not wait for decisions of criminal courts and should not relate with their own decisions. Regarding the health services that comprise risk, they should decide not according to “heavy service failure”, but according to “responsibility without fault” in compliance with the principle of social risk –as Turkey is a social state under rule of law-. They must set a “reasonable period” for the situations which the “maximum period” for the works sent to experts shall be replied. There are also cases where the “period” has been set but the case should not be time dependant. In a disability caused by an administrative action, the plaintiff is not able to know priorly that he/she is going to be disabled permanently, he/she misses the term of litigation and therefore is aggrieved. In such situations there mustn’t be “time limit”. These problems should be overcome both by law amendments and by jurisprudences.