Cosmetic

Surgery

Malpractice

in Turkey

In the pursuit of beauty and self-improvement, many individuals opt for plastic or aesthetic surgery. Unfortunately, complications arising from these procedures can lead to severe consequences.

Legal Options for Patients

Patients facing complications after plastic surgery in Turkey have several legal options. While some choose corrective surgery with the same doctor, others, due to a loss of trust, may consider legal action. Initiating a criminal procedure may be necessary to obtain medical records, especially when hospitals are reluctant to provide them.

Injured patients may be entitled to compensation, considering factors like medical expenses, loss of income, pain and suffering, disability, and loss of consortium. The amount varies, and a complex calculation process is involved. Courts determine non-material damages, such as pain and suffering.

Costs Involved in Pursuing Claims

Pursuing a claim for damages involves court fees, expert fees, and other costs like postage expenses. The Consumer Court handles claims without court fees.

Parties Against Whom Claims Can be Pursued

Claims can be pursued against the clinic, the doctor, or the insurer directly. Settlements out of court are rare, and most cases require legal proceedings.

Malpractice Liability Insurance

Doctors and clinics in Turkey are obliged to have malpractice liability insurance covering damages up to certain amounts. Policies can have a coverage from 250,000 up to 1.800.000 Turkish Lira.

Patient Contracts and Consent

Written contracts and consent play a crucial role. Invalid consent, obtained without proper information or under coercion, can change the patient’s legal position. The timing of consent, especially if signed on the same day as the surgery, can impact its validity.

Compensation for Injured Patients

Material damages are quantifiable, while non-material damages are determined by the courts. Courts assess emotional damages, such as pain and suffering, in

 the compensation awarded to injured patients.

Understanding the legal landscape surrounding medical malpractice in Turkish plastic surgery is crucial for both patients and legal professionals.

Disclaimer: This blog post is based for informational purposes only. It does not constitute legal advice.