Aesthetic operations are medical procedures that are performed for the purpose of beauty and treatment within the realm of plastic surgery. The legal ramifications of aesthetic operations depend on their purpose. In the case of an aesthetic malpractice, the operation’s purpose should be considered, and the relationship between the physician and the patient should be examined since this purpose is the most important issue that will determine the legal character of the relationship between the physician and the patient.
How is the legal relationship between the patient and the physician determined?
Medical operations for healing purposes are evaluated under the contract of mandate. In this contract, the physician is not held responsible for the patient’s failure to heal as long as the physician fulfills the duty of care. The physician does not guarantee a certain result of appearance or healing to the patient based on this contract. However, unlike other medical operations, aesthetic operations have the characteristics of a contract of work, not a contract of mandate. In plastic surgery, it is promised to the patient that a certain physical appearance will be obtained. For this reason, the physician is held legally responsible for aesthetic malpractice within the scope of the contract of work. In the presence of such malpractice, the patient has the right to demand material and immaterial compensation.
In which cases does aesthetic malpractice occur?
Firstly, the patient’s dislike of their appearance after the aesthetic operation does not solely result in the physician’s responsibility. The result of the aesthetic operation that is not suitable for the patient’s perception of beauty cannot be considered as aesthetic malpractice.
Examples of situations that may lead to the physician’s responsibility:
- Crooked or collapsed nose as a result of rhinoplasty
- Disproportionate breasts of the patient due to mastectomy
- Faulty hair transplant
- Disproportionate and failing botox, lip filler, jawline, facelift operation
- Burns due to laser operation
- Faulty cauliflower ears
Physicians usually show 3D (three-dimensional) images of the expected appearance before and after the plastic surgery to their patients. These images can be used as evidence that the promised result did not materialize in case of aesthetic malpractice.
What are the rights of the patient after aesthetic malpractice in Turkey?
In compensation cases due to aesthetic malpractice, the main claim would be the material damages suffered by the patient. Within the scope of these damages, the cost of the aesthetic surgery or the cost of the second plastic surgery that must be performed to eliminate the related aesthetic malpractice can be claimed. For instance, if a model or television programmer cannot continue their professional life due to aesthetic malpractice, these damages may also be claimed under material damage. It is possible for the patient to demand immaterial compensation for the pain and sadness they have experienced due to this surgery.
Who is legally responsible for the results of aesthetic malpractice other than the physician?
If the aesthetic operation is performed in a private hospital rather than a private clinic, the private hospital operator and the physician shall be jointly and severally liable to the patient. If the patient applies directly to a private hospital for aesthetic surgery, the responsibility of the hospital and the physician is deemed joint. However, patients usually choose their doctors directly from social media for their aesthetic operations in Turkey, and the operations take place in the hospital where the doctor has an agreement. In such a case, the hospital shall not be responsible for aesthetic malpractice. This should also be considered when imposing responsibility on the hospital.
Other medical interventions
Although this article mostly covers aesthetic operations (rhinoplasty, mastectomy, liposuction, etc.), the Turkish legal system has given patients the right to compensation for all practices in which the physician undertakes the guarantee and duty of care. Laser epilation, hair transplantation, botox applications are also considered within the scope of aesthetic malpractice. If the result of the aesthetic surgeries is not as expected and does not achieve the promised appearance, the physician who operated the surgery shall be legally responsible. Within the scope of this responsibility, the patient shall have the right to demand material and immaterial compensation.