Legal Consequences of Aesthetic Malpractice in Turkey
Aesthetic procedures are medical interventions undertaken for cosmetic or restorative ends. Under Turkish law, the consequences of a poor outcome depend on the purpose of the intervention and the nature of the doctor-patient relationship.
The Doctor-Patient Relationship
Therapeutic Procedures
Medical interventions carried out for therapeutic purposes are governed by an agency (mandate) contract. Provided the doctor discharges their professional duty, they are not liable for the patient’s failure to recover.
Aesthetic Procedures
Cosmetic surgery sits in a different category. Because aesthetic procedures contain an implicit promise that “a particular physical outcome will be achieved,” they are characterised as a contract for work. The doctor is liable in the event of a defective outcome.
Examples of Aesthetic Malpractice
- Crooked or collapsed nose after rhinoplasty
- Asymmetric breasts after mastectomy or augmentation
- Defective hair transplantation
- Unsuccessful botox, lip filler, jaw and facelift procedures
- Burns from laser treatment
- Defective otoplasty
Patient Remedies
Pecuniary Damages
Recoverable losses include:
- The cost of the original aesthetic surgery
- The cost of a corrective second procedure
- Lost professional income (where the patient’s livelihood depends on appearance — models, presenters)
Non-Pecuniary Damages
The patient may also claim non-pecuniary damages for the distress and emotional harm caused.
Liability and the Hospital
Private hospital procedures: The hospital operator and the doctor are jointly and severally liable.
Private clinic procedures: Where the patient has selected the doctor directly and the doctor operates under contract with the clinic, the clinic itself is not liable.
Wider Scope
The concept of aesthetic malpractice extends to:
- Laser hair removal
- Hair transplantation
- Botox treatments
In each case, where the outcome does not match the agreed result, the practitioner who carried out the procedure bears the liability.
The Legal Framework
A patient’s “dissatisfaction with the procedure” is not by itself sufficient to establish liability. Liability turns on the failure to deliver the promised result. Pre-procedure 3D imagery is often relied upon as evidence of what was promised.