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FAQs on Cosmetic Surgery Law in Turkey

1. What is cosmetic surgery, and why is it performed?

Cosmetic surgery involves medical or surgical procedures aimed at improving, restoring, or enhancing physical appearance. These procedures are often voluntary and can be:

  • Purely aesthetic: Enhancing beauty (e.g., rhinoplasty, facelifts).

  • Therapeutic with aesthetic benefits: Correcting deformities or improving functionality (e.g., post-accident reconstructions).

 

2. What are the surgeon’s responsibilities in cosmetic surgery?

A cosmetic surgeon’s duties include:

  • Conducting proper diagnosis and recommending safe treatment options.

  • Obtaining informed consent by explaining the procedure, risks, and expected outcomes.

  • Ensuring the procedure meets agreed-upon expectations.

  • Maintaining confidentiality and respect for the patient’s dignity and privacy.

  • Minimising risks during the operation.

 

3. What happens if a cosmetic surgery goes wrong?

If a cosmetic procedure results in unsatisfactory outcomes or harm due to negligence, patients can seek compensation. Grounds for legal action include:

  • Misdiagnosis or medical malpractice.

  • Failure to obtain informed consent.

  • Breach of contract to deliver agreed results.

 

4. What legal relationships exist between a cosmetic surgeon and a patient?

In Turkey, the relationship depends on the nature of the procedure:

  • Agency Contract: For therapeutic medical procedures where treatment is the goal.

  • Work Contract: For cosmetic procedures aimed at achieving specific aesthetic results. Failure to meet expectations in a work contract can result in liability for the surgeon or clinic.

 

5. Can a surgeon be held liable for complications?

Surgeons are not liable for complications if:

  • Risks were properly communicated, and informed consent was obtained.

  • The surgeon adhered to professional standards during the procedure.
    However, failure to meet these obligations may result in civil, criminal, or administrative liability.

 

6. What constitutes medical malpractice in cosmetic surgery?

Medical malpractice includes:

  • Performing procedures without proper authorisation.

  • Failing to inform the patient about risks and outcomes.

  • Exceeding the scope of the patient’s consent.

  • Using incorrect or unnecessary treatment methods.

  • Neglecting pre- and post-operative care.

 

7. How can a patient seek compensation for cosmetic surgery errors?

Patients can file claims for:

  • Material damages: Treatment costs, lost earnings, and future economic losses.

  • Non-material damages: Emotional distress, pain, and suffering.
    If death occurs, dependants may claim funeral expenses and loss of financial support.

 

8. What evidence is required for a malpractice claim?

The patient must prove:

  • The existence of a wrongful act or negligence.

  • A causal link between the act and the damage suffered.

  • The extent of material or non-material damage.
    Surgeons must demonstrate they obtained informed consent and followed professional standards.

 

9. What are the legal defences available to cosmetic surgeons?

Surgeons may not be held liable if:

  • Damage resulted from force majeure (unforeseen circumstances).

  • The patient’s negligence caused or contributed significantly to the harm.

  • A third party is primarily at fault.

  • Complications arose despite following medical protocols.

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10. What is the statute of limitations for claims in Turkey?

The statute of limitations for cosmetic surgery claims is:

  • Five years for general malpractice cases.

  • Twenty years if gross negligence is involved, as per the Turkish Code of Obligations.

 

11. What courts handle cosmetic surgery disputes in Turkey?

Disputes are handled by civil courts at the location where the procedure was performed. Claims are classified under service contracts between the doctor and patient.

 

12. How can CCS Law assist with cosmetic surgery legal issues?

CCS Law offers expert legal advice and representation for:

  • Filing claims for damages due to cosmetic surgery errors.

  • Reviewing contracts and obtaining informed consent.

  • Defending against allegations of malpractice.

Our team ensures your rights are protected, whether you are a patient seeking justice or a medical professional navigating legal challenges.

Please fill in the form and share your legal query with us. One of our experts will get back to you soon with your case evaluation.

Your details will be held by CCS Law in compliance with current UK data protection legislation and will not be shared with any third parties.

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