CANER LAW FIRM

Dental Treatment in Türkiye and Medical Malpractice

In dental treatment — especially implants, zirconium and porcelain crowns, and "smile design" — Türkiye is among the most sought-after destinations for medical tourism. Every year, many people, from within Türkiye and from abroad, turn to clinics in Türkiye for dental treatment. These treatments are largely completed without problems; 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 dental treatment, 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 not merely that a result is not liked, but whether there is a circumstance in the process that can be classified as medical malpractice.

When can dental treatment give rise to liability?

Not every unsatisfactory result is in itself a legal error. Liability generally arises where there is a breach of the duty of care, defective performance, or inadequate information. Situations commonly encountered in practice:

What can be claimed?

Where a medical error with the relevant conditions is established, material and non-pecuniary losses may be claimed:

Treatment or aesthetics? Why the legal classification matters

In dental treatment, the legal classification may differ according to the purpose of the procedure. For treatment procedures such as implants or root canals, the relationship is mostly assessed as a duty of care (contract of services); for purely aesthetic applications (e.g. aesthetic veneers or "smile design"), by contrast, a specific result is expected, so that a classification as a contract for work comes into consideration. In aesthetic dental applications, the result obtained not being acceptable can, moreover, give rise to liability without proof of fault. Where several procedures are combined in a single treatment plan (e.g. root canal and extraction together with veneers or implants on numerous teeth) and the aesthetic purpose predominates, the entire process may be classified as aesthetic under the principles of the mixed or predominant contract. How this classification applies in the individual case depends on the purpose of the procedure, the contract and the circumstances of the process.

Who may be liable?

Dental treatment services are often provided through a process involving a clinic, an intermediary (organising) agency and the medical staff who actually carry out the work. 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 treatment. Particularly with package offers, it must be determined from the documents who is responsible.

Patients living abroad

As the treatment 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:

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

My healthy teeth were heavily ground down for crowns — is that an error?

Removing healthy tooth substance where there is no corresponding necessity may be open to challenge from the standpoint of indication and the duty to inform. The outcome depends on the individual case and the records.

My implant did not take — can I claim compensation directly?

Not every failure in itself gives rise to liability. What is decisive is whether there was a breach of the duty of care or an unsuitable indication in the way it was carried out.

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 had the corrective treatment carried out in another country — can I claim the costs?

The costs of corrective treatment may be among the recoverable material losses. Documentation is important here.

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.

Tagsdental treatment Türkiye · dental implant error · veneers Türkiye · medical malpractice · compensation · smile design