Your Rights in Cosmetic Surgery in Turkey – Frequently Asked Questions (FAQ)

This FAQ provides an overview of patients’ rights regarding cosmetic surgery in Turkey. The term “cosmetic surgery” also covers aesthetic and plastic surgery. Many international patients travel to Turkey for medical tourism, and it is important to be aware of your legal rights, possible risks, and compensation claims in case of malpractice or unsatisfactory results.

Before the Surgery

1. What should I consider before undergoing cosmetic surgery in Turkey?
Make sure the clinic is licensed and the surgeon is a certified specialist. Only authorized doctors may legally perform such operations in Turkey.

2. Is the doctor required to inform me in advance?
Yes. Doctors are under a legal duty of informed consent. They must explain the purpose of the surgery, potential risks, possible complications, alternative methods, and recovery time. If this duty is not fulfilled, your consent is invalid.

3. What should I do when making payments?
Always obtain a receipt, invoice, or bank transfer slip. If you pay cash, request a signed confirmation. These documents are essential evidence in case of a dispute.

4. Are WhatsApp or email communications valid evidence?
Yes. Turkish courts accept WhatsApp messages, emails, and other written communication as evidence. Keep all correspondence with your doctor or clinic.

After the Surgery

5. My cosmetic surgery in Turkey went wrong – what are my rights?
You may claim material damages (surgery fee, corrective treatment, travel costs, loss of income) and non-material damages (emotional distress, loss of self-confidence, psychological suffering).

6. Where can I file a lawsuit in Turkey?
Cases are filed before the Consumer Courts. However, before filing, you must go through an obligatory mediation procedure. If mediation fails, you may proceed to court.

7.What is the statute of limitations for claims arising from cosmetic surgeries?

In order to determine the applicable statute of limitations, the legal nature of the dispute must first be identified.

Cosmetic surgeries are generally regarded as a contract for work (eser sözleşmesi) under Turkish law. Accordingly, contractual claims for compensation are subject to a 5-year statute of limitations (Article 147/4 TBK). The period begins from the date of the procedure or when the defective result becomes apparent.

Since these cases may also qualify as consumer transactions, the 2-year limitation period for defective services under the Turkish Consumer Protection Act (Law No. 6502) may also apply.

However, in the case law of the Turkish Court of Cassation (Yargıtay), the 5-year period is predominantly applied. To avoid loss of rights, legal action should be initiated without delay after the procedure.

8. When is a doctor legally liable?
A doctor’s responsibility covers both the outcome and the procedure itself. Liability arises if the doctor:

• did not inform the patient sufficiently,
• failed to meet professional standards,
• performed incorrectly, or
• did not achieve the promised result.

In such cases, both compensation for financial loss and damages for emotional suffering may be awarded.

9. Do dental treatments also fall under these rules?
Yes. Procedures such as implants, crowns, prosthetics, and aesthetic dental treatments are usually considered contracts for work (eser sözleşmesi). If the promised result is not achieved, you can claim compensation. Turkish case law confirms this.

Support for International Patients

10. Can I receive support in English, German, or Turkish?
Yes. Our law firm offers legal services in English, German, and Turkish to ensure foreign patients can assert their rights without language barriers.

11. Can I file a lawsuit without traveling to Turkey?
Yes. You can authorize us with a power of attorney issued via notary or Turkish consulate. The lawsuit will be filed on your behalf. Only if the court requires a medical expert examination may personal attendance be necessary, and you will be informed in advance.

12. Will my legal expenses insurance cover the costs?
If your insurance policy includes such cases, we will contact the insurer directly to ensure that court and attorney fees are covered.

13. How can I enforce a foreign court judgment for compensation if the doctor resides in Turkey?
A foreign court judgment cannot be enforced directly in Turkey. It requires a recognition and enforcement procedure (exequatur) before Turkish courts. Once recognized, the foreign judgment becomes enforceable like a domestic judgment, allowing the doctor’s assets in Turkey (such as real estate, vehicles, or bank accounts) to be seized.

Further details can be found in our article ‘Legal Support in Cosmetic Surgeries inTurkey’. For individual legal consultation and representation, please do not hesitate to contact our law firm directly.