Legal Framework and Liability in Aesthetic Surgeries under Turkish Law

Introduction

In recent years, Turkey has become one of the leading countries in the world for aesthetic surgery. With its affordable prices, skilled surgeons, and modern facilities, it has attracted millions of international patients. While many leave satisfied, some face unwanted complications or unsatisfactory results. This raises a key legal question: What are the legal responsibilities of aesthetic surgeons in Turkey, and what rights do patients have when things go wrong?

This article explores the legal foundations of aesthetic procedures in Turkish law, the classification of cosmetic vs. therapeutic surgeries, and the responsibilities of doctors when aesthetic expectations are not met.

Classification of Aesthetic Surgeries: Cosmetic vs. Therapeutic

Aesthetic surgeries in Turkey can generally be divided into two categories:

1. Therapeutic procedures – These are performed to restore function or correct congenital or trauma-induced deformities. Examples include reconstructive breast surgery after cancer or facial reconstruction after injury. These procedures are considered medically necessary.

2. Cosmetic procedures – These are elective surgeries performed to improve appearance, not health. Rhinoplasty, liposuction, breast augmentation, and face-lifts are common examples. These procedures are requested by patients to align their appearance with personal or societal beauty standards.

The legal classification of the surgery often depends on the intent behind it. If the purpose is medical restoration, the surgeon’s responsibility is to act with professional care. If the purpose is purely cosmetic, the expectation of a specific result becomes central to the legal analysis.

The Legal Nature of the Doctor-Patient Relationship

In general medical treatment, the relationship between doctor and patient is considered a service contract based on reasonable care. The doctor is not legally obligated to cure the patient or guarantee results, but to provide competent care in accordance with medical standards.

However, cosmetic surgery changes this dynamic. When a patient undergoes an operation solely to improve appearance, their expectation is not just proper care—it is a specific visual result. As a result, Turkish courts often treat this relationship as a contract for a defined outcome, rather than just a duty of care.

This shift in legal nature increases the surgeon’s responsibilities. They may be liable not only for negligence, but also for failure to achieve the promised result, even when the procedure is technically correct.

Obligation of Result in Cosmetic Procedures

In Turkish case law, courts have ruled that cosmetic surgeries can create a contractual obligation to deliver a specific result. For example, if a patient requests a smaller, more symmetrical nose, and the result does not reflect that request—even if the procedure was performed carefully—the surgeon may be held accountable.

This is in contrast to general medical treatment, where the obligation is only to act with skill and care, not to guarantee success.

In aesthetic surgery:

• The result is often measurable and visual

• The patient is not ill, but seeking enhancement

• There is usually a clear agreement or expectation regarding outcome

Therefore, the legal burden on the surgeon is heavier than in other medical contexts.

Informed Consent and Patient Expectations

Another cornerstone of cosmetic surgery liability is informed consent. In Turkey, doctors are legally required to inform patients about:

• The nature of the procedure

• Potential risks and complications

• Alternatives to the procedure

• Success rates and limitations

• Recovery time and expected outcomes

Consent must be based on clear, understandable, and complete information. It must not be obtained through pressure, omission, or misleading claims.

If the patient was not adequately informed, any consent they gave is considered invalid—even if they signed a document. In such cases, the surgeon may be liable for bodily harm due to the lack of proper consent.

The burden of proof lies with the doctor: they must demonstrate that the patient was adequately informed and gave valid consent.

Legal Remedies for Unsatisfactory Results

If a cosmetic surgery does not meet the agreed-upon expectations, Turkish law provides patients with several legal options, depending on the case:

1. Demand correction (e.g., revision surgery)

2. Request a reduction in fees

3. Terminate the contract and seek a refund

4. File a lawsuit for damages – including both monetary losses and emotional distress

Patients can seek compensation for:

• Physical pain and suffering

• Psychological trauma

• Loss of work or income

• Future medical costs

• Permanent aesthetic or functional damage

In the event of death or permanent injury, family members can pursue compensation under Turkish civil law.

Turkish Court Decisions and Trends

Turkish courts, particularly the Court of Cassation, have consistently emphasized the difference between general medical treatment and cosmetic procedures. In many rulings, the courts have recognized that when a doctor agrees to perform aesthetic surgery, they are entering into a contract where the result matters.

In one notable case, the court ruled that:

“Aesthetic surgery requires the surgeon to deliver a promised appearance. Failure to do so, regardless of technical skill, may constitute a breach of contract.”

These decisions reflect a growing trend to hold aesthetic surgeons accountable for unsatisfactory results, especially in cases where patients were misled, poorly informed, or pressured into surgery.

Conclusion

Aesthetic surgery is not just a medical act—it is also a legal commitment. In Turkey, patients undergoing cosmetic procedures have strong legal protections under civil and consumer law. When results do not match expectations, and especially when consent is not properly obtained, surgeons may face significant legal liability.

For international patients seeking aesthetic surgery in Turkey, the best protection is awareness and preparation. Patients should:

• Get everything in writing

• Ask detailed questions

• Understand the risks

• Ensure that consent is based on full disclosure

• Consult with a Turkish lawyer if unsure

At Calis Legal, we specialize in protecting the rights of international patients. If you’ve experienced complications or are unhappy with your results, contact us for a confidential consultation.

🌐 www.calislegal.com