Plastic Surgery Malpractice in Turkey (Compensation Lawsuits)

What Does Malpractice Mean in the Context of Turkish Law?

Compensation lawsuits arising from plastic surgery malpractice in Turkey are generally filed under the broader category of malpractice (medical error) compensation cases within the Turkish legal system. For foreigners in Turkey considering such legal actions, it is crucial to understand the definition and scope of malpractice under Turkish Law and to distinguish this term from other, similar medical concepts.

Malpractice, also known as medical error in Turkey, refers to the failure to demonstrate due care and attention in accordance with the standards and practices of medical science, often stemming from a lack of knowledge, skill, or experience. When such errors occur in plastic operations, the patient can request compensation from the relevant Turkish administrative authority, hospital, doctor, or the doctor’s insurance company, depending on the circumstances. Besides, the patient have the right to file a complaint to initiate a criminal investigation against these.

Importantly, Turkish authorities distinguish between complications and plastic surgery malpractice in Turkey . Not every unwanted result of a medical procedure is considered malpractice under Turkish Law. A complication refers to an adverse outcome that could not be foreseen or, if foreseen, could not be prevented. In standard cases of complication, compensation liability does not arise. However, identifying complications and managing them properly is critical; otherwise, doctors in Turkey may still be held liable if they mishandle a complication.

Furthermore, according to Turkish Supreme Court (Yargıtay) decisions, plastic surgeries often involve guaranteeing a certain result to the patient, which sets these cases apart from other medical treatments. Therefore, under Turkish Law, even in cases of complication during a plastic surgery, doctors and clinics may bear compensation liability if the promised results are not achieved.

The Concept of Malpractice in Plastic Surgery Operations under Turkish Law

Plastic surgery malpractice in Turkey in the context of plastic operations are evaluated differently compared to general medical treatments or surgical interventions in Turkey. Rather than the rules regarding mandate agreements, Turkish Law most often applies provisions based on ‘contracts for works’ to plastic surgeries. This means that the doctor, under Turkish Law, commits to achieving a specific result for the patient. Thus, legal disputes arising from plastic surgery malpractice in Turkey in private hospitals and clinics are judged mainly according to the rules for such contracts.

Note that a different legal framework applies to Turkish state hospitals and public health institutions, where the relationship is considered an administrative service rather than a mandate or contract for works. Therefore, the information provided here primarily relates to private hospitals, medical centers, or doctor’s offices in Turkey.

When determining whether a plastic surgery in Turkey was carried out negligently, the objective reality matters more than the patient’s personal perception. A patient’s dissatisfaction alone is not enough to create liability under Turkish law; there must be an objectively observable result, such as a crooked nose or impeded breathing after a rhinoplasty.

Additionally, as previously mentioned, because ‘contracts for works’ are in effect in plastic procedures (including dental implants) in Turkey, where a result is promised to the patient, doctors and clinics may still be held liable—even for complications—if the promised result is not achieved.

The Application of Contracts for Works in Plastic Surgery Disputes in Turkey

Under Turkish Law, medical treatments intended for healing are usually evaluated under the rules of mandate agreements (Turkish Code of Obligations Article 502 and following). Examples include kidney transplants or heart surgeries that aim to treat a condition, not create an aesthetic appearance. By contrast, the legal relationship for plastic operations between patient and hospital or doctor in Turkey is almost always considered a ‘contract for works’ (Articles 470 and onwards of the Turkish Code of Obligations).

Contracts for works create reciprocal obligations in Turkey. In the context of plastic surgery:

• The patient, as the client, must pay the agreed fee to the doctor (the contractor).
• The doctor or hospital is obliged to deliver the work in accordance with the patient’s wishes and appropriate scientific and artistic standards.

Plastic operations in Turkey can include procedures such as liposuction, abdominoplasty (tummy tuck), vaginal reconstruction, breast augmentation, dental implants, and others, all primarily aimed at achieving an aesthetic result rather than treatment. Accordingly, any plastic surgery malpractice in Turkey claim related to such operations is judged according to the promised result under contract law, different from treatment-focused procedures.

A key outcome of applying contracts for works in plastic surgery malpractice in Turkey is that both the doctor’s and the hospital’s liability for damages is usually far greater compared to ordinary medical treatments.

For example, in a 2018 decision (Yargıtay 15th Civil Chamber, 2018/479 E., 2018/1458 K.), the Turkish Supreme Court ruled that even if a surgical complication occurs after a plastic operation, if the guaranteed result is not achieved, doctors or hospitals may still be found liable and required to pay compensation. This is because the party responsible for delivering the promised work bears liability for its outcome, as established in Turkish contract law.

What Is a Compensation Lawsuit under Turkish Law?

In Turkey, compensation refers to a sum of money paid to redress material (pecuniary) or moral (non-pecuniary) damages arising from unlawful acts, legal violations, or breaches of contract. This legal remedy is designed to indemnify, not enrich, the victim. While exceptions exist, generally under Turkish Law, claimants can only demand payment corresponding to their actual loss.

According to the details and legal characterization of each case, compensation in Turkey may be awarded for material damages (such as financial loss or bodily harm) or for moral damages (such as pain, suffering, psychological trauma). To avoid irreversible loss of rights, it is highly recommended that such claims are filed by lawyers experienced in Turkish compensation law.

Compensation claims in Turkey can be brought for only material, only moral, or both types of damages. Material compensation seeks to undo a loss of wealth or bodily integrity, while moral compensation addresses psychological pain and emotional suffering caused by the event in question.

Compensation Lawsuits for Medical Malpractice in Turkey

If a plastic surgery, operation, or dental implant in Turkey results in damage due to malpractice, a foreigner or any patient may file a compensation lawsuit for both material and moral damages. If the malpractice occurs in a Turkish state hospital, administrative courts handle these as ‘full remedy actions’ (tam yargı davası).

Essentially, lawsuits for plastic surgery malpractice in Turkey are a subset of malpractice lawsuits, so they are subject to the specific statutes of limitation and procedural rules applicable to malpractice under Turkish Law. The details of such lawsuits and evidentiary standards are governed by these rules. For more about malpractice lawsuits in Turkey, see relevant legal articles.

Notably, in Turkish plastic surgery malpractice in Turkey (including dental implants), as previously discussed, courts generally apply the legal principles of contracts for works, not mandates. Thus, even if complications occur, doctors or hospitals can still be held liable if the promised aesthetic result is not achieved, since they are considered to have guaranteed a particular outcome to the patient.

Conditions for Filing Compensation Lawsuits Following

Plastic Surgery Malpractice

in Turkey

To file a compensation lawsuit due to a plastic surgery malpractice in Turkey under Turkish Law, several conditions must be met:

• The doctor must have acted negligently while performing the medical procedure,
• There must be material or moral harm to the patient’s integrity,
• A causal (proximate) link must exist between the negligent act and the harm suffered.

In addition to these three, unlawful conduct may also be considered a further requirement. For example, under Turkish legal practice, unlawful conduct in plastic surgery malpractice in Turkey often involves failure to inform the patient adequately or to obtain their informed consent. For more on this, see articles about informed consent requirements in Turkish medical procedures.

How Compensation Amounts Are Determined after

Plastic Surgery Malpractice

in Turkey

Compensation for plastic surgery malpractice in Turkey is not intended as a windfall for the claimant; rather, the amount awarded must be proportionate to actual material or moral harm. In practice, expert reports (bilirkisi raporu) are vital for determining the amount of material compensation. While older cases in Turkey used the PMF 1931 life table, Turkish courts now rely on the TRH 2010 life table, reflecting typical life conditions in Turkey for such calculations.

Moral (non-pecuniary) damages are not calculated through expert reports, as no objective method exists to measure psychological suffering. In Turkey, the judge determines the amount of moral compensation based on the circumstances of each case and exercises discretion accordingly.

Courts with Jurisdiction in Plastic Surgery Malpractice Lawsuits in Turkey

a) Courts with Subject Matter Jurisdiction

When filing compensation claims for plastic surgery malpractice in Turkey, a distinction is made between administrative and private law litigations:

• If the plastic surgery malpractice in Turkey was performed at a private hospital or healthcare institution, such claims are to be filed before the Turkish Consumer Court (Tüketici Mahkemesi).
• If the incident occurred at a state hospital or public health institution, the appropriate venue is the Turkish Administrative Court (İdare Mahkemesi), and the claim is brought as a full remedy action.

b) Courts with Local Jurisdiction (Venue)

The determination of which local court has jurisdiction in plastic surgery malpractice in Turkey is complex. The rules for private and public institutions differ and are explained below:

b.1) Jurisdiction in Lawsuits against Private Hospitals and Other Private Health Institutions in Turkey

In compensation lawsuits against private Turkish hospitals or clinics:

• Article 6/1 of the Turkish Civil Procedure Code (Law 6100) designates the general court of the defendant’s place of residence as the competent venue. For individuals, this is typically their primary residence, and for legal entities such as private hospitals or clinics, this is determined by Article 51 of the Turkish Civil Code (Law 4721), which references the place of main business unless otherwise specified in the founding document.
• Article 7/1 allows, in cases with multiple defendants, for the lawsuit to be filed in the court of any individual defendant’s place of residence—offering flexibility to claimants under Turkish Law.
• Article 10 of Law 6100 also permits lawsuits for contract-based disputes to be filed at the court where the contract was to be performed. In practice, this usually means the hospital’s principal address but is particularly helpful for claimants suing national or multi-branch Turkish health institutions, as they can file suit in the place where the service was actually provided.
• For consumer court claims under Law 6502 on the Protection of Consumers (Article 73/5), the court for the consumer’s place of residence also has jurisdiction. Thus, foreigners or Turks who traveled for a procedure in another Turkish city may still file compensation lawsuits in the court for their own residence.

b.2) Jurisdiction in Lawsuits against State Hospitals and Other Public Health Institutions in Turkey

Lawsuits against Turkish state hospitals or public health institutions are handled by Administrative Courts in Turkey. According to Article 32/1 of the Law on Turkish Administrative Trial Procedure (Law 2577), the competent court is where the administrative act or contract originated. The court’s jurisdiction is a matter of public order, meaning Turkish judges consider venue ex officio. Also, per Article 36/1-c, the Administrative Court where the claimant resides is competent if there is no specific administrative contract in question.

Mandatory Mediation Requirement in Compensation Lawsuits for Plastic Surgery Malpractice in Turkey

For compensation cases against private hospitals or clinics in Turkey (including doctor’s offices), a court action before the Turkish Consumer Court cannot proceed without first undergoing the mandatory mediation process. Lawsuits commenced without this process will be dismissed due to lack of legal standing. To avoid unnecessary delay, parties should initiate and complete the mediation process as required by Turkish Law when dealing with private legal disputes.