DOCTOR'S FAULT IN AESTHETIC SURGERY

If the outcome of plastic surgery does not meet the patient's expectations and the physician's promise, the physician may face criminal and legal liability. The physician's negligence is significant in terms of criminal liability under the Turkish Penal Code and compensation liability under the Turkish Code of Obligations.

In compensation cases, the legal provisions applicable vary depending on whether the medical intervention is for therapeutic or aesthetic purposes. If the medical intervention is for aesthetic purposes, the physician is under a duty of loyalty and care.

Current Supreme Court decisions consider whether a cosmetic surgery is successful based on whether the doctor achieves the promised result. Therefore, in addition to the doctor's duty of loyalty and diligence, the outcome the doctor guarantees to the patient is crucial in compensation cases.

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