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Legal Support After Aesthetic Procedures in Turkey – Enforce Your Rights
Legal Claims and Compensation Lawsuits for Aesthetic Surgical Procedures in Turkey
Turkey has become one of the top countries for health tourism. Every year, thousands of both local and international patients undergo various aesthetic surgeries. However, these procedures do not always achieve the desired results, and mistakes can cause significant harm to patients. Therefore, it is very important for patients who have been harmed by aesthetic surgery errors to understand their legal rights and compensation options.
What is an Aesthetic Procedure?
Aesthetic procedures are medical treatments performed to enhance, alter, or correct a person's appearance. These procedures include nose surgery (rhinoplasty), breast augmentation/reduction, liposuction, hair transplants, and dental implants. These procedures are typically elective and not medically necessary.
Contract of Work and Aesthetic Procedures: Legal Claims and Liability
Under Turkish law, aesthetic surgical procedures are generally considered a Contract of Work. In a Contract of Work, the doctor guarantees a specific result to the patient, which increases their legal liability compared to traditional medical treatments. If the agreed-upon result is not achieved, the doctor may be held liable for errors or compensation under medical legal provisions. In rulings by the Supreme Court of Turkey, even the creation of custom dental prosthetics or the placement of fillings by a dentist has been cited as an example of a Contract of Work. These examples highlight that in a Contract of Work, there is an obligation to achieve a specific result. This is particularly relevant in cases of aesthetic surgery errors and in the context of compensation lawsuits.
Legal Liability in the Case of Failed Aesthetic Surgeries in Turkey
Aesthetic surgical procedures in Turkey can lead to various legal liabilities if they are not successful or are performed incorrectly. The doctor’s legal liability includes both contractual liability under the Contract of Work (breach of the Contract of Work) and delictual liability for medical errors that can be classified as medical negligence. Due to the nature of the Contract of Work, the aesthetic surgeon is not only responsible for not causing physical harm to the patient but also for achieving the agreed-upon aesthetic result. If the expected cosmetic outcome is not achieved after an aesthetic surgery, this can be classified as non-performance of the contract or defective performance, leading to the doctor's liability.
Aesthetic surgery errors generally lead to compensation claims, as the patient expects a contractually promised outcome within the scope of medical tourism in Turkey.
The liability for surgical and cosmetic procedures in Turkey is therefore more comprehensive than for traditional medical treatments, meaning that the doctor has greater responsibility in the case of mismanagement of cosmetic surgeries in Turkey.
Legal Liability of the Aesthetic Surgeon in the Case of Medical Complications in Turkey
The liability of the aesthetic surgeon in Turkey not only pertains to the achieved result but also to the correct and careful execution of the procedure according to medical standards. Under Article 471 of the Turkish Civil Code (TBK), the contractor (doctor) is obliged to perform the work entrusted to him with loyalty and care. He must apply the necessary attention and technical standards that a diligent colleague in this field would follow. This means that the doctor, during an aesthetic procedure in Turkey, must not only deliver the desired result but also ensure that the procedure meets medical requirements.
However, if an error or neglect of medical standards occurs during the procedure, even if the outcome itself is successful, the doctor can still be held legally liable. In the case of medical complications, the doctor's liability cannot be fully excluded. Since, under the Contract of Work, a specific result is generally promised, the doctor's liability may arise even if complications occur after the procedure, preventing the promised outcome.
The doctor's liability is not automatically excluded when complications arise during the procedure. However, if a complication is declared as a reasonable risk in advance, the patient's informed consent has been obtained, and the doctor applies the necessary care in managing the complication, this will be taken into account when assessing liability. The doctor's duty of disclosure plays a key role in this process. As the Supreme Court of Turkey has stated, a doctor is expected to fulfill his duty of disclosure in the case of complications and handle them properly. If this is neglected, complications can also be attributed to the doctor as an error.
Rights of Patients Who Have Become Victims of Aesthetic Surgery in Turkey
In Turkey, there are legal avenues for patients who have suffered damages as a result of aesthetic procedures carried out within the scope of medical tourism. Patients can claim the following legal rights:
• Material compensation due to faulty surgeries, including additional costs for further treatments, corrective surgeries, travel expenses, and loss of income.
• Non-material compensation for psychological stress, emotional distress, and moral harm.
• Request for the initiation of a criminal case against the doctor.
Patients who did not achieve the desired result from an aesthetic procedure or were harmed by it have the right to file various compensation lawsuits. These lawsuits typically include claims for both material damages and non-material compensation. The patient should choose the appropriate legal path based on the type of surgery performed and the involved institution.
If the aesthetic procedure was performed in a public hospital or a government institution, the lawsuit will be filed under administrative law against the relevant authority (e.g., Ministry of Health), and it will take the form of an administrative lawsuit. In contrast, if the procedure was carried out in a private hospital, a clinic, or by an independent doctor, the lawsuit will be filed under private law (civil lawsuit) against the doctor and/or the private health institution.
Legal and Criminal Liability of the Doctor
After a faulty and unsuccessful procedure, doctors can be held liable for material and non-material compensation claims due to their contractual liability. Furthermore, the incorrect execution of procedures can also lead to criminal liability if there is negligence and bodily injury involved.
Duty of Disclosure for Aesthetic Procedures in Turkey
Under Turkish law, doctors are required to thoroughly inform their patients before an aesthetic procedure. Doctors must explain the risks of the procedure, possible alternative treatment options, and the subsequent healing process, and must obtain the patient’s explicit consent (informed consent) in writing. If this duty of disclosure is not fulfilled, the patient's consent is considered invalid, and the doctor can be held liable for material and non-material compensation claims.
Scope of the Duty of Disclosure:
The doctor is obligated to inform the patient in a clear and detailed manner about the following points:
• Purpose and Nature of the Procedure: What the aesthetic treatment involves, how it is performed, and the expected outcomes.
• Possible Risks and Complications: Complications and side effects that may occur during or after the procedure.
• Alternative Treatment Methods: If available, other treatment options, along with their advantages and disadvantages.
• Post-Treatment and Healing Process: The recovery process, important aftercare instructions, and the expected duration of healing.
This information must be provided in a language the patient understands, avoiding medical language, and, if necessary, with the assistance of an interpreter.
Evidence and Expert Procedure in Aesthetic Procedures in Turkey
In compensation lawsuits related to aesthetic procedures, expert reports play a crucial role. During the legal proceedings, expert panels assess the adequacy of the pre-surgery disclosure, whether the procedure met medical standards, and whether the doctor made any errors.
Importance of Evidence in Aesthetic Compensation Lawsuits
For the success of compensation lawsuits involving aesthetic procedures, it is critical for patients to have written evidence in hand. Particularly important are payment receipts, such as invoices, receipts, transfer confirmations, as well as WhatsApp messages, emails, and other written communications with the doctor or clinic. For this reason, affected patients should carefully preserve these documents and provide them to their lawyer as part of the legal process.
It is essential that when filing a lawsuit, all relevant information is provided completely and accurately. SPECIFICALLY, THE FULL NAME OF THE CLINIC OR BUSINESS NAME, THE TAX NUMBER, AND ALL RELEVANT INFORMATION ABOUT THE TREATING DOCTOR MUST BE INCLUDED. Only by doing so can it be ensured that the defendant party is correctly identified and that the lawsuit is properly served. These details are crucial to avoid legal complications and ensure the legal process proceeds smoothly and efficiently.
Importance of Legal Support for Aesthetic Victims in Turkey
For international patients who have become victims of medical errors following aesthetic procedures in Turkey, it is crucial to seek professional legal support. Patients who have fallen victim to issues in health tourism can quickly and effectively resolve their damages and successfully assert their legal claims through collaboration with experienced lawyers.
Multilingual Legal Support for Aesthetic Victims in Turkey
If you have become a victim of errors or complications following an aesthetic surgery in Turkey, you can contact our law firm to protect your rights and claim compensation. Our experienced team specializes in protecting the rights of health tourism victims and will support you throughout every stage of your case. Furthermore, we offer international legal consultation in German, English, and French, assisting international patients in enforcing their rights more effectively.
Cooperation with Legal Protection Insurances and Cost Coverage
Our law firm collaborates with the legal protection insurances of our international clients. If the insurance policy of our clients covers legal disputes related to aesthetic procedures, we directly communicate with the relevant insurance company to ensure that court and attorney fees are covered by the insurance. Throughout this process, we provide our clients with all necessary information and support them to ensure the legal process runs smoothly.
Turkey has become one of the top countries for health tourism. Every year, thousands of both local and international patients undergo various aesthetic surgeries. However, these procedures do not always achieve the desired results, and mistakes can cause significant harm to patients. Therefore, it is very important for patients who have been harmed by aesthetic surgery errors to understand their legal rights and compensation options.
What is an Aesthetic Procedure?
Aesthetic procedures are medical treatments performed to enhance, alter, or correct a person's appearance. These procedures include nose surgery (rhinoplasty), breast augmentation/reduction, liposuction, hair transplants, and dental implants. These procedures are typically elective and not medically necessary.
Contract of Work and Aesthetic Procedures: Legal Claims and Liability
Under Turkish law, aesthetic surgical procedures are generally considered a Contract of Work. In a Contract of Work, the doctor guarantees a specific result to the patient, which increases their legal liability compared to traditional medical treatments. If the agreed-upon result is not achieved, the doctor may be held liable for errors or compensation under medical legal provisions. In rulings by the Supreme Court of Turkey, even the creation of custom dental prosthetics or the placement of fillings by a dentist has been cited as an example of a Contract of Work. These examples highlight that in a Contract of Work, there is an obligation to achieve a specific result. This is particularly relevant in cases of aesthetic surgery errors and in the context of compensation lawsuits.
Legal Liability in the Case of Failed Aesthetic Surgeries in Turkey
Aesthetic surgical procedures in Turkey can lead to various legal liabilities if they are not successful or are performed incorrectly. The doctor’s legal liability includes both contractual liability under the Contract of Work (breach of the Contract of Work) and delictual liability for medical errors that can be classified as medical negligence. Due to the nature of the Contract of Work, the aesthetic surgeon is not only responsible for not causing physical harm to the patient but also for achieving the agreed-upon aesthetic result. If the expected cosmetic outcome is not achieved after an aesthetic surgery, this can be classified as non-performance of the contract or defective performance, leading to the doctor's liability.
Aesthetic surgery errors generally lead to compensation claims, as the patient expects a contractually promised outcome within the scope of medical tourism in Turkey.
The liability for surgical and cosmetic procedures in Turkey is therefore more comprehensive than for traditional medical treatments, meaning that the doctor has greater responsibility in the case of mismanagement of cosmetic surgeries in Turkey.
Legal Liability of the Aesthetic Surgeon in the Case of Medical Complications in Turkey
The liability of the aesthetic surgeon in Turkey not only pertains to the achieved result but also to the correct and careful execution of the procedure according to medical standards. Under Article 471 of the Turkish Civil Code (TBK), the contractor (doctor) is obliged to perform the work entrusted to him with loyalty and care. He must apply the necessary attention and technical standards that a diligent colleague in this field would follow. This means that the doctor, during an aesthetic procedure in Turkey, must not only deliver the desired result but also ensure that the procedure meets medical requirements.
However, if an error or neglect of medical standards occurs during the procedure, even if the outcome itself is successful, the doctor can still be held legally liable. In the case of medical complications, the doctor's liability cannot be fully excluded. Since, under the Contract of Work, a specific result is generally promised, the doctor's liability may arise even if complications occur after the procedure, preventing the promised outcome.
The doctor's liability is not automatically excluded when complications arise during the procedure. However, if a complication is declared as a reasonable risk in advance, the patient's informed consent has been obtained, and the doctor applies the necessary care in managing the complication, this will be taken into account when assessing liability. The doctor's duty of disclosure plays a key role in this process. As the Supreme Court of Turkey has stated, a doctor is expected to fulfill his duty of disclosure in the case of complications and handle them properly. If this is neglected, complications can also be attributed to the doctor as an error.
Rights of Patients Who Have Become Victims of Aesthetic Surgery in Turkey
In Turkey, there are legal avenues for patients who have suffered damages as a result of aesthetic procedures carried out within the scope of medical tourism. Patients can claim the following legal rights:
• Material compensation due to faulty surgeries, including additional costs for further treatments, corrective surgeries, travel expenses, and loss of income.
• Non-material compensation for psychological stress, emotional distress, and moral harm.
• Request for the initiation of a criminal case against the doctor.
Patients who did not achieve the desired result from an aesthetic procedure or were harmed by it have the right to file various compensation lawsuits. These lawsuits typically include claims for both material damages and non-material compensation. The patient should choose the appropriate legal path based on the type of surgery performed and the involved institution.
If the aesthetic procedure was performed in a public hospital or a government institution, the lawsuit will be filed under administrative law against the relevant authority (e.g., Ministry of Health), and it will take the form of an administrative lawsuit. In contrast, if the procedure was carried out in a private hospital, a clinic, or by an independent doctor, the lawsuit will be filed under private law (civil lawsuit) against the doctor and/or the private health institution.
Legal and Criminal Liability of the Doctor
After a faulty and unsuccessful procedure, doctors can be held liable for material and non-material compensation claims due to their contractual liability. Furthermore, the incorrect execution of procedures can also lead to criminal liability if there is negligence and bodily injury involved.
Duty of Disclosure for Aesthetic Procedures in Turkey
Under Turkish law, doctors are required to thoroughly inform their patients before an aesthetic procedure. Doctors must explain the risks of the procedure, possible alternative treatment options, and the subsequent healing process, and must obtain the patient’s explicit consent (informed consent) in writing. If this duty of disclosure is not fulfilled, the patient's consent is considered invalid, and the doctor can be held liable for material and non-material compensation claims.
Scope of the Duty of Disclosure:
The doctor is obligated to inform the patient in a clear and detailed manner about the following points:
• Purpose and Nature of the Procedure: What the aesthetic treatment involves, how it is performed, and the expected outcomes.
• Possible Risks and Complications: Complications and side effects that may occur during or after the procedure.
• Alternative Treatment Methods: If available, other treatment options, along with their advantages and disadvantages.
• Post-Treatment and Healing Process: The recovery process, important aftercare instructions, and the expected duration of healing.
This information must be provided in a language the patient understands, avoiding medical language, and, if necessary, with the assistance of an interpreter.
Evidence and Expert Procedure in Aesthetic Procedures in Turkey
In compensation lawsuits related to aesthetic procedures, expert reports play a crucial role. During the legal proceedings, expert panels assess the adequacy of the pre-surgery disclosure, whether the procedure met medical standards, and whether the doctor made any errors.
Importance of Evidence in Aesthetic Compensation Lawsuits
For the success of compensation lawsuits involving aesthetic procedures, it is critical for patients to have written evidence in hand. Particularly important are payment receipts, such as invoices, receipts, transfer confirmations, as well as WhatsApp messages, emails, and other written communications with the doctor or clinic. For this reason, affected patients should carefully preserve these documents and provide them to their lawyer as part of the legal process.
It is essential that when filing a lawsuit, all relevant information is provided completely and accurately. SPECIFICALLY, THE FULL NAME OF THE CLINIC OR BUSINESS NAME, THE TAX NUMBER, AND ALL RELEVANT INFORMATION ABOUT THE TREATING DOCTOR MUST BE INCLUDED. Only by doing so can it be ensured that the defendant party is correctly identified and that the lawsuit is properly served. These details are crucial to avoid legal complications and ensure the legal process proceeds smoothly and efficiently.
Importance of Legal Support for Aesthetic Victims in Turkey
For international patients who have become victims of medical errors following aesthetic procedures in Turkey, it is crucial to seek professional legal support. Patients who have fallen victim to issues in health tourism can quickly and effectively resolve their damages and successfully assert their legal claims through collaboration with experienced lawyers.
Multilingual Legal Support for Aesthetic Victims in Turkey
If you have become a victim of errors or complications following an aesthetic surgery in Turkey, you can contact our law firm to protect your rights and claim compensation. Our experienced team specializes in protecting the rights of health tourism victims and will support you throughout every stage of your case. Furthermore, we offer international legal consultation in German, English, and French, assisting international patients in enforcing their rights more effectively.
Cooperation with Legal Protection Insurances and Cost Coverage
Our law firm collaborates with the legal protection insurances of our international clients. If the insurance policy of our clients covers legal disputes related to aesthetic procedures, we directly communicate with the relevant insurance company to ensure that court and attorney fees are covered by the insurance. Throughout this process, we provide our clients with all necessary information and support them to ensure the legal process runs smoothly.
- info@vuraldemirlaw.com
- Mon - Fri 09:00 - 18:00