Aesthetic Surgery Malpractice in Turkey
Is a “Guaranteed Result” Promised, and How Can Before/After Photos Prove Your Case?
1) Why aesthetic surgery disputes are legally different
Aesthetic (cosmetic) surgery sits at the intersection of medicine and consumer expectations. Unlike many “therapeutic” interventions where improvement is the goal but uncertainty is accepted, cosmetic procedures are often purchased with a clear, outcome-driven expectation: a specific look, symmetry, shape, or “before/after” transformation.
That expectation matters because Turkish courts frequently treat purely aesthetic interventions in the private sector differently from standard medical treatments—especially when the patient’s motivation is not curing disease but achieving a visible result. Academic commentary highlights this dual approach and notes that private-sector aesthetic interventions have been treated by Yargıtay as “result-oriented” in many disputes, creating a distinctive liability logic compared to public-service cases.
This is exactly why malpractice claims after rhinoplasty, breast augmentation, liposuction, facelift, or similar procedures often turn on one core question:
Did the provider merely promise professional diligence, or did they effectively promise a result?
2) “Guaranteed result” does not always mean “strict liability”
Patients often ask: “If I didn’t get the promised look, do I automatically win?”
The answer is: not automatically—but in aesthetic surgery, the law can be far more patient-friendly than in typical treatment disputes.
In many cases, Turkish legal analysis moves toward a work/result-based contract logic for elective cosmetic interventions (especially in private clinics). That does not mean the surgeon is liable for every undesired outcome. It means:
- The dispute may be assessed as defective performance / failure to achieve the agreed result, not only “medical negligence.”
- The provider’s pre-operative promises, planning, and documentation become central.
- The provider may face a heavier evidentiary burden when the outcome materially deviates from what was agreed and marketed.
3) What makes a cosmetic procedure “result-oriented” in legal terms?
Courts and experts typically examine the patient’s reasonable expectations created by:
- Consultation statements (what the surgeon or coordinator said)
- Written treatment plan / package details
- Clinic advertising language (“guaranteed outcome,” “perfect nose,” “Hollywood smile,” “scarless,” etc.)
- Before/after examples shown to the patient
- Photos, digital simulations, or measurements used for planning
- The price structure (premium fee for a specific aesthetic result)
When these elements collectively indicate that the provider undertook to deliver a visible, defined outcome, courts are more likely to see the dispute through a result-obligation lens (often described as “work contract” logic in Turkish private law discussions).
4) The non-negotiable: informed consent is still the foundation
Even where the case is framed as a “result” dispute, informed consent remains a separate and powerful liability trigger.
Under the Patient Rights framework, consent must be valid, free, and informed; the regulation addresses the form and validity of consent and indicates that consent is not merely a signature exercise.
In aesthetic surgery, consent is judged more strictly in practice
Because the procedure is elective and expectation-driven, the provider should clearly explain:
- realistic outcome boundaries (what is achievable vs not)
- material risks (asymmetry, scarring, nerve injury, revision likelihood, infection, implant complications, etc.)
- alternative options (including “no surgery”)
- post-op obligations and the impact of non-compliance
- the possibility that multiple surgeries may be necessary
A “template” consent form that is generic, rushed, or inconsistent with the actual plan often becomes weak protection—especially if the marketing language suggested certainty.
5) The single most valuable evidence category: Before/After photos
In cosmetic malpractice files, before/after photos are not “extra.” They often become the spine of the case, because they translate the dispute into something objectively reviewable:
- symmetry
- deformity
- scarring
- implant malposition
- nasal tip collapse
- contour irregularities
- hairline density patterns
- visible infection sequelae
The legal value of photos
Photos help demonstrate:
- baseline condition (pre-op)
- post-op condition at various stages
- persistence of the defect (not just swelling)
- degree of deviation from promised appearance
- impact on daily life and psychological well-being
But photos only help if they are collected and preserved correctly.
6) How to collect photo evidence that courts and experts take seriously
A) Use a timeline approach (not one dramatic photo)
A persuasive file typically contains:
- pre-op photos (front, side profiles, 45-degree angles)
- immediate post-op photos (to show acute complications)
- 1-month, 3-month, 6-month, 12-month photos (depending on procedure)
- photos under neutral light and consistent angles
- short videos (useful for dynamic deformities)
B) Protect authenticity (avoid edits)
Do not:
- apply filters
- use beauty apps
- crop away key reference points
- alter lighting dramatically
If you must crop for privacy when sharing publicly, keep the original files intact for the legal file.
C) Save metadata and backups
Keep:
- original image files
- cloud backups
- device backups
- messages/emails where the images were shared with the clinic
In disputes involving social media promises or clinic-shared “before/after,” preservation becomes even more important.
7) Clinic-provided photos: request them early
Clinics often take high-quality standardized photos. Those images can be decisive because they are:
- professionally staged
- time-stamped in internal systems
- often taken both before and after
If you suspect a dispute, request:
- the full medical file
- pre-op and post-op clinic photos
- imaging and measurements used for planning
- revision recommendations and follow-up notes
Early requests reduce the risk of “missing file” arguments.
8) Social media and marketing “before/after” evidence
Many cosmetic disputes involve:
- Instagram posts
- ads showing transformation claims
- influencer promotions
- clinic websites promising outcomes
These can prove how expectations were created, even if the clinic later says “we never guaranteed anything.”
Practical tip: take screenshots with date/time visible, preserve links, and consider formal evidence preservation mechanisms if litigation is likely—especially if posts may be deleted.
9) Privacy warning: photos are also sensitive health data
Before/after images are often treated as part of a patient’s health-related data. Under Turkey’s data protection framework (Law No. 6698), processing personal data generally requires a lawful basis, and special-category data (including health data) has stricter conditions. The law also emphasizes explicit consent as a primary route for processing and sets conditions for processing special-category data.
The Kişisel Verileri Koruma Kurumu also stresses that explicit consent should be specific and define the scope and boundaries of the permitted processing.
What this means in aesthetic surgery cases
If a clinic:
- uses your photos in marketing without valid explicit consent, or
- shares them with third parties / “candidate patients,” or
- posts them online with identifying features,
you may have separate claims based on privacy and personality rights, in addition to malpractice-based compensation arguments.
10) The most common malpractice patterns in aesthetic surgery
Here are the recurring patterns that appear in Turkish litigation practice:
Rhinoplasty (nose surgery)
- functional issues (breathing problems)
- collapse, asymmetry, over-resection, tip deformities
- repeated revisions indicating failure to achieve the planned outcome
Breast augmentation / reduction
- implant malposition, capsular contracture management disputes
- asymmetry, scarring, improper implant size selection without valid consent
- revision needs and unexpected deformity
Liposuction / body contouring
- contour irregularities, dimpling, burns, necrosis
- inadequate post-op monitoring and complication management
Facelift / eyelid surgery
- nerve injury, facial asymmetry, visible scarring beyond expected
- poor planning and excessive tissue removal
Hair transplant
- unnatural hairline design
- patchy density, donor area damage
- overharvesting and inadequate post-op care
In each category, photos + planning records + consent are the decisive trio.
11) Who can be legally responsible?
Depending on how the service was sold and delivered, liability may attach to:
- the surgeon
- the clinic / medical company operating the facility
- coordinators who made binding promises (especially in medical tourism packages)
- auxiliary staff if their actions caused harm under the clinic’s organizational responsibility
Your strategy should identify the entity that:
- received payment,
- made the promises,
- controlled the process,
- and has the best capacity to satisfy compensation.
12) Which route should you use: Consumer dispute, civil claim, or administrative path?
Private clinic disputes often fit “consumer transaction” logic
Where the patient purchases a paid service from a private provider, the dispute may be treated as consumer-oriented, and the framework of Law No. 6502 can become relevant.
Mandatory mediation may apply in consumer court disputes
Turkish law has expanded mandatory mediation across several dispute categories, including consumer disputes in many situations. Legal alerts discussing the current framework explicitly note that parties may need to apply to a mediator before filing at the Consumer Court (Article 73/A context).
Public hospital cases follow a different logic
When the provider is a public institution, the dispute frequently shifts toward administrative law concepts (service fault and related procedures). This is why forum choice is not a technical detail—it can decide the entire case.
13) What compensation can be claimed?
Aesthetic malpractice can generate both material and moral damages (the latter reflecting pain, suffering, psychological impact, and loss of life enjoyment). This distinction is also commonly used in international-facing summaries of Turkish practice.
Material damages typically include:
- refund of surgery fees (if defective performance is established)
- revision surgery costs (domestic or abroad if necessary and reasonable)
- medications, follow-up exams, imaging
- travel and accommodation (especially in medical tourism contexts)
- loss of income if the harm affects work ability
- future medical expenses if ongoing care is needed
Moral damages may increase when:
- the deformity is visible and lasting
- the patient’s social/professional life is impacted
- privacy is violated through unauthorized photo use
- the provider acted dismissively or concealed information
14) A practical roadmap for patients
- Secure all records immediately: operative notes, consent forms, photos, imaging, prescriptions.
- Build a photo timeline: consistent angles + dated storage + no filters.
- Preserve communications: WhatsApp, email, treatment plan PDFs, invoices.
- Get an independent medical opinion: ideally with a written evaluation and corrective plan.
- Avoid “patchwork fixes” before evidence is secured: corrective procedures may complicate causation unless documented properly.
- Choose the correct legal route: consumer/civil/administrative—depending on the provider structure.
- Prepare for expert review: your file should be organized for experts, not only for the judge.
15) FAQ
Does cosmetic surgery always count as a “work contract” in Turkey?
Not always, but many elective aesthetic disputes—especially in private settings—are assessed as result-oriented. Academic commentary notes this practice and the resulting differences across sectors.
If my result is “not what I wanted,” is that enough?
You need to show a material deviation from what was promised/planned and/or a breach of professional duties (planning, technique, follow-up, consent). Photos and written plans are crucial.
Can I use clinic Instagram posts as proof?
Yes, they can help show how expectations were created—but preserve them properly and consider formal evidence preservation if deletion is likely.
What if the clinic used my before/after photos without permission?
That may create an additional privacy/data-protection dimension. Turkey’s data protection framework emphasizes lawful processing and explicit consent, especially for sensitive data.
Conclusion: The winning formula is “expectation + evidence + expert-proof file”
Aesthetic surgery malpractice cases are rarely won by emotion alone. They are won by clear expectations, documented promises, and properly preserved evidence—with before/after photos often carrying the greatest persuasive force.
Legal disclaimer: This article is for general information and does not constitute legal advice for a specific case.
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