In aesthetic and plastic surgery, Türkiye is among the world's most sought-after destinations. For procedures such as rhinoplasty, breast operations, liposuction, gluteal aesthetics (BBL), abdominoplasty and facelift, many people from within Türkiye and from abroad turn to clinics in Türkiye every year. These procedures largely go smoothly; in some cases, however, patients suffer harm from the result or have serious complaints.
So, where a patient is harmed through a failure or error during or around a cosmetic operation, can those losses be claimed from the parties responsible? Under Turkish law, the answer — where the relevant conditions are met — is "yes". As aesthetic procedures owe a specific result (a contract for work), the result obtained not being acceptable is already significant; in addition, circumstances in the process that can be classified as medical malpractice may also give rise to liability.
When can a cosmetic operation give rise to liability?
In aesthetic procedures, the result obtained not being acceptable (defective performance) can in itself give rise to liability; in addition, a breach of the duty of care or inadequate information can also give rise to liability. Situations commonly encountered in practice:
- Marked asymmetry, deformity or functional impairment (e.g. breathing difficulty after rhinoplasty)
- Complications such as infection, tissue death (necrosis), seroma or haematoma
- Serious complications that may arise in procedures such as liposuction and gluteal aesthetics (BBL)
- Permanent and pronounced scarring
- The procedure being carried out by unauthorised persons or under unsuitable conditions
- Non-compliance with hygiene and sterilisation standards
- Inadequate consent: risks, alternatives and a realistic outcome not explained
- Non-performance of promised follow-up/aftercare
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 the revision or corrective operation (in Türkiye or in another country)
- Loss of earnings where it was not possible to work during treatment
- Losses arising from a permanent impairment (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
Aesthetic procedures and the "contract for work"
Aesthetic procedures, unlike treatment procedures, are services in which a specific result is expected to be achieved, and are, under the case law, mostly classified as a contract for work. This has an important consequence: where the result obtained is not acceptable to an ordinary person, or amounts to a "worsening of appearance", liability may arise without the other side's fault or negligence additionally having to be proven. This is because an aesthetic procedure is undertaken, as a rule, not for physical healing but out of a desire to improve one's appearance (a psychological indication); if that expectation is not met, this alone can give rise to a claim. The assessment is made according to the circumstances of the individual case, whether the result obtained (the work) is acceptable to an ordinary person, and the patient's level of satisfaction.
Who may be liable?
Cosmetic 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:
- Contract, invoice and payment records (including the package contents)
- Photographs before and after the procedure, dated if possible
- All correspondence with the clinic/doctor (WhatsApp, e-mail, messages)
- Operation and procedure records (method applied, materials used, team)
- 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 am not satisfied with the result of my cosmetic operation — can that alone be grounds for a claim?
Because aesthetic procedures owe a specific result (a contract for work), a claim may already arise where the result is not acceptable to an ordinary person or amounts to a worsening of appearance — without fault or negligence additionally having to be proven. In this respect, aesthetic procedures differ from treatment procedures. The assessment is made according to the individual case and the acceptability of the result.
I had a serious complication after the operation — what should I do?
First obtain the necessary medical care, and keep all documents, images and correspondence relating to the process. These records are significant for the later legal assessment.
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.
I signed a document stating "no result is guaranteed" — do I therefore have no claim at all?
Such documents do not in every case remove the result-based liability in aesthetic procedures. The assessment is made according to the circumstances of the individual case, whether the result obtained (the work) is acceptable to an ordinary person, and the patient's satisfaction.
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.