Aesthetic Procedures in Türkiye – Duty to Inform & Informed Consent

Medical tourism for aesthetic and cosmetic procedures in Türkiye has increased significantly in recent years. More and more patients from all over the world decide to undergo treatment in Türkiye, often due to cost advantages and short waiting times. At the same time, practical experience shows that medical procedures abroad may involve specific legal and procedural challenges – particularly due to language barriers, standardized consent forms, incomplete medical documentation, and the fact that complications often only become apparent after the patient has already returned to their home country.

This legal guide was prepared to provide international patients with a clear overview of the legal framework governing cosmetic surgery and aesthetic procedures in Türkiye, with particular focus on the physician’s duty to inform (duty of disclosure), informed consent, and potential liability claims in cases of medical malpractice. It is based on the relevant Turkish legal provisions as well as typical case constellations arising in the field of medical tourism. Attorney-at-law Yasemin Demir and Attorney-at-law Suzan Vural, founding partners of Vural & Demir Law and Consulting, are specialized in cross-border legal matters and regularly advise international clients in disputes involving cosmetic surgery complications, malpractice claims, and medical liability cases in Türkiye.

1. What Does “Informed Consent” Mean (Information and Consent)?

Informed consent refers to a legally valid agreement by a patient to undergo a medical procedure in Türkiye, provided that the patient has been informed in a clear and understandable manner about the treatment, its purpose, the method of performance, as well as potential risks, complications, and consequences. Especially in the field of aesthetic and cosmetic procedures in Türkiye, this duty to inform is of central importance, as such interventions are often not medically necessary and patients usually have specific expectations regarding the outcome.

Under Turkish law, the patient’s consent is a mandatory requirement for the legal validity of any medical intervention performed in Türkiye. In particular, for major surgical procedures, Article 70 of Law No. 1219 explicitly requires written consent. In addition, the Regulation on Patients’ Rights provides that medical procedures in Türkiye may generally only be carried out with the patient’s approval. Furthermore, the Biomedicine Convention emphasizes that any medical intervention is only lawful if the patient consents freely and after being adequately informed. Therefore, a mere signature on a standard consent form used by hospitals or clinics in Türkiye does not replace proper medical information and explanation, especially if it cannot be proven that the patient actually understood the relevant risks involved.

Example from Case Law

“In a decision dated 23.05.2018 (Case No. 2018/415 E. – 2018/2123 K.), the Turkish Court of Cassation dealt with the case of a patient who travelled to Türkiye for a breast implant procedure. After the operation, she experienced severe pain in her right breast. When she returned for medical consultation, pus was drained by injection. Shortly thereafter, the patient returned abroad. Doctors in her home country later concluded that the breast implant procedure had been performed incorrectly and constituted a medical error.

The patient subsequently claimed material and non-material damages. The Court of Cassation overturned the first-instance judgment, mainly because it was established that the initial consent form was insufficient and the patient had not been adequately informed.”

2. Form and Scope of Consent – How, in Which Form, and Toward Whom?

a. Form of Consent

Under Turkish law, written consent is mandatory, particularly for major surgical procedures performed in Türkiye. This requirement derives from Article 70 of Law No. 1219. If such written consent is not obtained, this may – upon complaint by the affected person – even result in a criminal sanction in the form of a monetary fine.

In case of a dispute regarding a cosmetic surgery in Türkiye, it must be possible to prove that consent was actually given. Turkish law generally requires written evidence in disputes involving significant financial value. Not only signed documents may serve as proof, but also materials such as photographs, video recordings, or audio recordings, provided that they are considered admissible evidence. If written documentation is missing, serious evidentiary difficulties arise – and this is exactly where many medical malpractice claims in Türkiye and compensation disputes begin.

b. Who Holds the Right to Consent? (Who Is Allowed to Sign?)

In Turkish medical law, one key principle applies: consent belongs exclusively to the person whose body and health are affected. This means that if a patient is capable of making decisions, consent must generally be given by the patient personally. The signature of a relative or accompanying person only replaces the patient’s consent if the patient is legally or factually unable to give valid consent (e.g., due to being a minor, legally incapacitated, or unconscious).

Important for international patients undergoing plastic surgery in Türkiye: If you are capable of making decisions, it should always be clearly documented that you personally received the medical information and explanation and that you personally signed the consent form – not merely an accompanying person.

c. Why Must Consent Be “Informed”?

A special relationship of trust exists between doctor and patient. The patient entrusts the doctor with their physical integrity and expects professional and proper medical treatment. For this reason, the doctor is legally obliged to provide the patient with all essential information openly and in an understandable manner before the procedure. A mere signature is not legally sufficient if the patient was not truly informed.

Under the fundamental rules of Turkish healthcare law – particularly in light of the Biomedicine Convention (Article 5) and the Patient Rights Regulation – a medical intervention in Türkiye is only permissible if the patient gives consent freely and after receiving adequate information. In this context, “information” primarily means an explanation of the planned treatment, possible risks and complications, alternative methods, as well as the consequences if the treatment is not carried out. Only after being given an appropriate period of time to reflect can the patient make a legally valid decision.

Important: Consent is only legally valid if it is not only signed, but also genuinely understood. Especially for international patients receiving treatment through medical tourism in Türkiye, the information must be provided in a language the patient actually understands. If this is not possible, communication must take place through a suitable interpreter. Otherwise, the consent cannot be considered “informed” and therefore may not be legally valid.

d. Types of Medical Information Provided to the Patient (Forms of Medical Disclosure)

Depending on the stage of treatment, medical disclosure may cover different aspects. In practice, three main forms of disclosure are generally distinguished:

1) Decision Disclosure (Basis for Consent)

This type of disclosure is intended to enable the patient to make an informed and reasonable decision. The doctor must explain which procedure is planned, why it is recommended, and what alternative options exist. Clear and understandable communication is particularly crucial at this stage, since the patient’s later consent is directly based on this information.

2) Risk Disclosure (Risks and Complications)

This refers to the doctor’s obligation to inform the patient about potential risks, side effects, and complications. The goal is that the patient does not merely “want” the procedure, but is also able to realistically assess the possible consequences.

3) Treatment Disclosure (Procedure Process and Aftercare)

This disclosure concerns the concrete course of treatment, including the expected duration, chances of success, healing process, medication, follow-up treatment, and possible limitations in daily life.

e. Who Must Provide the Medical Disclosure?

As a general rule, medical disclosure must be carried out by the treating physician, meaning the person who will actually perform the procedure in Türkiye. The doctor must inform the patient in particular about the process, risks, possible complications, and alternative options, and must be available to answer questions.

In team-based procedures, disclosure may exceptionally be provided by another medically qualified professional. However, disclosure by administrative staff or other non-medical personnel is not sufficient.

Especially in the context of medical tourism and cosmetic surgery in Türkiye, it must be emphasized that disclosure provided by medical tourism agencies, intermediary companies, or translation service providers cannot be legally recognized as valid medical disclosure. Such parties may provide organizational information, but they cannot replace proper medical disclosure that is legally required from a physician.

f. Timing of Medical Disclosure (When Must the Patient Be Informed?)

The law does not precisely define when medical disclosure must take place. However, medical law practice and legal doctrine clearly agree on one principle: the disclosure must be provided before the procedure is performed.

The key requirement is that the patient must be given sufficient time to reflect (“reasonable time period”) in order to realistically assess the information regarding risks, possible complications, the course of treatment, recovery time, and potential effects on quality of life.

In non-urgent procedures, this reflection period depends on the type and seriousness of the intervention. In simple treatments, a short verbal explanation may be sufficient. However, if the consent is obtained only immediately on the day of surgery in Türkiye, this may be legally problematic.

For patients, the following applies: a “last-minute signature” without adequate time to consider the information is a serious warning sign.

g. Content of the Disclosure (What Must the Doctor Specifically Explain?)

The most comprehensive rules regarding medical disclosure are set out in the Turkish professional medical ethics regulations (Hekimlik Meslek Etiği Kuralları). The key point is: it is not enough for the patient to “somehow agree.” Consent must be given as a free and informed decision (“informed consent”).

The physician is obligated to clearly inform the patient, in particular, about the following:

-        the patient’s current health condition and diagnosis,

-        the type and course of the recommended treatment,

-        the chances of success and expected duration,

-        risks, possible complications, and side effects,

-        possible alternatives to the treatment,

-        medications, their use, and potential side effects,

-        possible consequences for quality of life, daily activities, and the recovery process.

The information must be provided in a way that the patient can truly understand. Disclosure must not be purely formal or superficial.

At the same time, the disclosure must be factual, appropriate, and tailored to the patient. It must not pressure the patient through unnecessary fear or coercion, but rather enable a realistic and self-determined decision.

h. To Whom Must the Disclosure Be Given?

Medical disclosure must always be provided to the person who is legally required to give valid consent. A mere signature is not sufficient—the patient must actually understand the procedure, the process, as well as the risks and potential complications.

If the patient has legal capacity, the disclosure must be given directly to the patient. Informing only relatives, accompanying persons, or intermediary agencies is generally not sufficient.

Only if the patient is a minor, unconscious, or not capable of making decisions may consent be given by the legal representative. In urgent emergency situations, treatment may be permissible even without prior consent, but this must be properly documented.

CONTACT – YOUR LEGAL ADVISORS FOR MEDICAL MALPRACTICE IN TÜRKIYE

If you have questions regarding the physician’s duty to inform or potential liability claims after a cosmetic surgery procedure in Türkiye, we will be pleased to assist you.

Attorney-at-law Yasemin Demir and Suzan Vural, founding partners of Vural & Demir Law and Consulting, will review your case confidentially based on your medical records and documents. Together with our lawyers specializing in medical law and medical malpractice cases, we support you as your legal advisors, particularly in matters involving compensation claims, pain and suffering (damages), and medical liability in connection with medical tourism and aesthetic procedures in Türkiye.