DOCTOR'S FAULT IN AESTHETIC SURGERY

In the event that the outcome desired by the patient undergoing an aesthetic surgery and promised by the physician is not achieved, the physician may incur criminal liability under the Turkish Penal Code No. 5237 and civil liability under the Turkish Code of Obligations No. 6098.

The legal provisions applicable to disputes vary depending on whether the medical intervention is performed for therapeutic or aesthetic purposes. When the intervention is performed for aesthetic purposes, the physician is legally responsible not only for the duty of loyalty and care, but also for the realization of the promised result.

The failure of the promised result to materialize may occur either due to the physician’s fault or due to a complication. The physician may be deemed at fault if he or she breaches legal obligations, fails to perform the intervention in accordance with medical standards, or carries out the procedure contrary to the patient’s consent. Even in cases where the promised result does not occur due to a complication, the physician's civil liability may arise if such outcome is attributable to the physician’s failure to fulfill legal obligations.

In recent decisions of the Court of Cassation, the outcome promised by the physician in aesthetic surgeries is considered as part of the “work,” and failure to achieve this outcome is deemed a defect in the work. Accordingly, even if the physician is not at fault in the medical intervention, the non-realization of the guaranteed result may still give rise to legal liability.

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