In obesity surgery (bariatric surgery) — in procedures such as the gastric sleeve and gastric bypass — Türkiye is among the sought-after destinations for medical tourism. Every year, many people, from within Türkiye and from abroad, turn to clinics in Türkiye for this purpose. The procedures largely go smoothly; in some cases, however, patients encounter serious complications or harm.
So, where a patient is harmed through a failure or error during or around a bariatric operation, can those losses be claimed from the parties responsible? Under Turkish law, the answer — where the relevant conditions are met — is "yes". What is decisive is whether there is a circumstance in the process that can be classified as medical malpractice.
When can bariatric surgery give rise to liability?
Bariatric surgery is a major operation and carries certain risks; not every adverse outcome is in itself a legal error. Liability generally arises where there is a breach of the duty of care, an unsuitable indication, or inadequate information. Situations commonly encountered in practice:
- Unsuitable patient selection (indication) — recommending the procedure to an unsuitable patient
- Failure to assess and exhaust non-surgical methods before the operation, or failure to take account of criteria such as the body mass index (BMI)
- Serious complications arising during or after the operation (e.g. leak, infection, stricture)
- Failure to assess early post-operative symptoms in time
- Inadequate or absent long-term follow-up and nutritional support
- Hygiene and organisational deficiencies
- Inadequate consent: risks, permanent effects and the need for lifelong follow-up not explained
What can be claimed?
Where a medical error with the relevant conditions is established, material and non-pecuniary losses may be claimed:
- The fee paid for the faulty procedure
- The cost of corrective and subsequent treatments (in Türkiye or in another country), including long-term treatment costs
- Loss of earnings where it was not possible to work during treatment
- Losses where a permanent health problem has arisen (for the calculation, see Personal Injury Claims)
- Travel, accommodation and similar costs connected with the procedure
- Non-pecuniary damages (pain and suffering) for the pain and psychological harm endured
Legal classification: the duty of care
As bariatric surgery is a treatment procedure, the doctor–patient relationship is generally assessed as a duty of care (contract of services). What is expected of the doctor is not the guarantee of a specific result, but that the care required by the accepted medical standards is exercised. For this reason, the following matter in the assessment: whether the indication was correctly established, whether the operation and the aftercare were carried out with care, and whether the patient was adequately informed. In this context, the doctor is also expected, before the surgical step, to assess and exhaust non-surgical methods and to establish the appropriate indication taking account of criteria such as the body mass index.
Who may be liable?
Bariatric surgery services are often provided through a process involving a clinic/hospital, an intermediary (organising) agency and the surgeon who actually operates. From whom the loss can be claimed depends on the contractual relationship between the parties, on who carried out the referral, and on who actually performed the procedure. Particularly with package offers, it must be determined from the documents who is responsible.
Patients living abroad
As the procedure takes place in Türkiye, related disputes are in principle subject to Turkish law and heard before the Turkish courts. Patients living in Germany, Austria, Switzerland or elsewhere can therefore pursue their rights in Türkiye. A large part of the process can be conducted with a proper power of attorney, without your having to travel at every stage. As a rule, only a single trip to Türkiye may be required for the examination needed for the court-appointed expert report.
The importance of evidence
In claims based on a medical error, it is important to support the allegations with documents. It is useful to keep the following documents and records:
- Operation and medical records (operation report, findings, discharge summary)
- Contract, invoice and payment records (including the package contents)
- Pre- and post-operative assessments and, where available, follow-up records
- All correspondence with the clinic/doctor (WhatsApp, e-mail, messages)
- Any informed-consent form
- Reports of subsequently consulted doctors or institutions on the current condition
Statute of limitations
Claims for compensation are subject to limitation periods; these periods and their start can vary according to the legal classification of the case. Once the period expires, even a well-founded claim can no longer be pursued. An early legal review is therefore advisable.
For general information on which legal steps may be appropriate in the individual case, which claims exist and how far they extend, this page provides an overview; for a specific situation, our firm will advise you through its lawyers in the field of Medical Malpractice & Healthcare Law.
Frequently Asked Questions
I had a serious complication after the operation — is that automatically an error?
No. Bariatric surgery carries certain risks, and not every complication in itself gives rise to liability. What is decisive is whether there was a breach of the duty of care, an unsuitable indication, or inadequate information in the process.
There was no follow-up after the operation — is that significant?
In bariatric surgery, appropriate follow-up is regarded as part of the process. The absence or inadequacy of follow-up can be significant in assessing liability in the individual case.
I live abroad — must I travel to Türkiye for the proceedings?
A large part of the process can be conducted with a proper power of attorney, without travel. As a rule, only a single trip may be required for the examination needed for the court-appointed expert report.
Can I claim my long-term treatment costs?
Necessary and documentable treatment costs for which a causal link with the harm can be established may be taken into account as material loss.
Is there a time limit for the claim?
Yes. Claims are subject to limitation, and the period can vary according to the type of case. To avoid losing your rights, an early review is advisable.