What Happens If a Cosmetic Surgery in Turkey Does Not Give the Promised Result?

Turkey is one of the world’s leading destinations for aesthetic and cosmetic surgery.

Every year, thousands of international patients travel to Istanbul, Antalya, Izmir and other Turkish cities for procedures including rhinoplasty, breast augmentation, breast reduction, breast lift, liposuction, tummy tuck, eyelid surgery, face-lift and body-contouring operations.

Patients may choose Turkey because of comparatively competitive costs, experienced surgeons, modern private hospitals and the availability of complete medical-tourism packages.

But cosmetic surgery is different from many other forms of medical treatment.

The patient is often not ill.

The purpose of the procedure is usually to create a particular aesthetic improvement.

The patient may have selected a surgeon because he or she was shown photographs, computer simulations, social-media examples or other representations concerning the expected result.

What happens if that result is not achieved?

What if a patient travels to Turkey for rhinoplasty but returns home with a visibly crooked nose?

What if a breast-lift operation causes significant asymmetry or permanent scarring?

What if liposuction produces serious contour irregularities?

What if the surgeon says:

“The operation was medically correct, so I am not responsible.”

Is technical medical malpractice the only way a foreign patient can claim compensation?

Under Turkish law, the answer is particularly important.

Recent Court of Cassation jurisprudence confirms that certain purely aesthetic procedures are treated as contracts for work — “eser sözleşmesi” — because the surgeon undertakes not merely to perform medical acts carefully but to create an agreed aesthetic result.

This distinction can significantly strengthen the legal position of patients where the promised cosmetic result has not been achieved.

In a major decision dated 17 November 2025, the Turkish Court of Cassation held that where an aesthetic intervention constitutes a contract for work, the surgeon is subject to a result obligation. It concluded that a claimant’s case should not have been dismissed simply because the permanent scars were medically regarded as a complication; the fact that the promised aesthetic result had not been achieved also had to be examined.

This article explains what international patients can do when cosmetic surgery in Turkey does not give the promised result, what compensation may be available and which evidence is most important.

Why Cosmetic Surgery Is Legally Different From Ordinary Medical Treatment

The legal character of the treatment is one of the first issues that must be identified.

Ordinary medical treatment is generally directed toward diagnosis, cure or improvement of a health condition.

A doctor treating cancer, infection or another illness does not normally guarantee that the patient will recover.

Medicine involves biological uncertainty.

The doctor’s basic obligation is generally to act with the required professional care and in accordance with accepted medical standards.

Purely aesthetic interventions can be different.

A patient may have no medical illness at all.

Instead, the patient asks:

“I want my nose to look straighter.”

“I want my breasts lifted and symmetrical.”

“I want excess abdominal skin removed.”

“I want my eyelids to have a younger appearance.”

In these situations, the patient purchases an expected aesthetic result.

Turkish Court of Cassation jurisprudence has repeatedly classified these result-oriented relationships as contracts for work under the Turkish Code of Obligations.

The distinction matters because a contractor under a contract for work undertakes to create a result.

In a 19 March 2025 judgment involving aesthetic eyelid surgery, the Court of Cassation emphasised that the relationship was a contract for work and that the aesthetic objective involved an undertaking that the patient’s appearance would be improved. The Court held that relying solely on an expert report characterising asymmetry and scarring as possible complications was insufficient where the promised result had not been properly achieved.

Does a Plastic Surgeon Guarantee the Cosmetic Result?

This question requires careful explanation.

In result-oriented aesthetic treatment, Court of Cassation jurisprudence attaches legal significance to the surgeon’s undertaking to create the agreed result.

That does not mean a patient automatically wins compensation because:

“I expected to look better.”

The promised result must first be identified.

The court may examine:

• what treatment was agreed;
• what aesthetic objective was discussed;
• photographs shown before surgery;
• simulations;
• WhatsApp communications;
• advertisements;
• treatment forms;
• consultation notes;
• medical limitations explained to the patient.

The more specific the representation, the easier it may be to identify the contractual result.

For example, there can be an important difference between:

“The procedure may improve the appearance of your nose”

and

“We will correct this asymmetry and produce the result shown in this simulation.”

The exact statements made before surgery matter.

Important 2025 Court of Cassation Decision: “No Medical Error” May Not Be Enough

The Court of Cassation’s 17 November 2025 decision, 6th Civil Chamber, E. 2024/3670, K. 2025/3903, is particularly important.

The case concerned aesthetic breast surgery.

The lower court had dismissed the patient’s claim after concluding that the remaining scars were not the result of technical medical negligence and were related to the patient’s individual biological characteristics.

The Court of Cassation disagreed with that legal approach.

It emphasised that aesthetic surgery constituted a contract for work involving an obligation to produce the promised result.

The Court found that visible scars remained following the procedure and concluded that the promised aesthetic result had not been fully and properly achieved.

Accordingly, the claimant’s material compensation requests had to be examined and appropriate non-material compensation considered.

The practical significance is substantial.

A clinic cannot always defeat an aesthetic-surgery claim merely by saying:

“There was no malpractice.”

There may be two separate legal questions:

1. Was the procedure technically performed according to medical standards?
2. Was the promised aesthetic result achieved in accordance with the parties’ contract?

These questions can produce different answers.

Another Important 2025 Decision: Badem Eye and Eyelid Surgery

The Court of Cassation adopted a similar approach in its 19 March 2025 decision, E. 2024/1507, K. 2025/1137.

The dispute involved elective eyelid surgery and the desired aesthetic appearance.

The expert report stated that the resulting scarring and asymmetry could arise as recognised complications even where appropriate care was provided.

The lower courts therefore dismissed the claim.

The Court of Cassation reversed the decision.

It emphasised that the aesthetic relationship had to be examined under the contract-for-work rules and that the patient’s objective was to achieve an improved appearance.

Because the promised result had not been properly achieved, technical compliance alone was insufficient to dispose of the case.

For foreign patients, this distinction is extremely valuable.

Many clinics respond to complaints by providing only a medical explanation:

“This is a complication.”

But a result-oriented aesthetic claim may involve both medical standards and contractual result responsibility.

Does Every Imperfect Result Create Liability?

No.

Aesthetic medicine still involves the human body.

A court will not treat cosmetic surgery as though a surgeon were manufacturing an identical industrial product.

Individual biological factors can affect results.

Potential relevant factors include:

• skin quality;
• tissue structure;
• wound-healing characteristics;
• smoking;
• previous surgery;
• patient compliance with postoperative instructions;
• existing asymmetry;
• medical history.

The correct question is therefore not merely:

“Is the result perfect?”

Instead, the court may ask:

What result did the surgeon actually undertake to achieve, and was the final result sufficiently consistent with that undertaking?

The strength of the case depends heavily on evidence concerning what was promised.

What Counts as a Promised Result?

A promise does not always need to appear in a formal contract using the words:

“We guarantee this result.”

The contractual expectation may potentially be established through several forms of evidence.

These can include:

• written treatment plans;
• surgeon consultations;
• WhatsApp communications;
• emails;
• preoperative drawings;
• digital simulations;
• advertisements;
• photographs used during consultation;
• treatment package descriptions;
• recorded conversations where legally usable;
• clinic marketing materials.

Suppose a clinic sends a patient a digitally altered photograph showing the expected nose shape and says:

“This is the result Dr X will achieve.”

That may be relevant.

Likewise, a clinic advertising:

“Permanent scar-free tummy tuck”

may create different expectations from a provider carefully explaining that substantial scarring is unavoidable.

The entire pre-treatment communication should therefore be preserved.

Can Social Media Advertising Become Evidence?

Potentially, yes.

Aesthetic surgery is heavily marketed through Instagram, TikTok and clinic websites.

Patients should preserve representations concerning:

• expected results;
• surgeon qualifications;
• surgical technique;
• recovery time;
• scarring;
• revision guarantees;
• success rates;
• “before and after” images.

A social-media advertisement may not alone determine contractual liability.

However, it can provide important context concerning what the clinic represented before the patient paid for treatment.

Patients should take screenshots before content is deleted or altered.

What If the Result Is Aesthetically Bad but Medically Safe?

This is precisely where the contract-for-work approach can become most significant.

Imagine that:

• the operation does not cause infection;
• no nerve damage occurs;
• no emergency develops;
• technically the procedure is considered medically acceptable;

but the cosmetic outcome is substantially worse than what was promised.

Under an ordinary malpractice analysis, the absence of technical negligence might defeat the claim.

Under the aesthetic works-contract analysis, however, the question may continue:

Was the agreed result created?

The 2025 Court of Cassation cases make clear that the answer cannot always be avoided by focusing exclusively on conventional malpractice.

What If the Surgeon Says the Result Is a Complication?

“Complication” is one of the most common words used in cosmetic-surgery disputes.

A complication is generally an unwanted event that may occur despite appropriate medical treatment.

Examples can include:

• scarring;
• bleeding;
• infection;
• asymmetry;
• wound-healing difficulties;
• altered sensation.

But describing an outcome as a complication does not automatically eliminate responsibility.

Several separate questions remain.

Was the risk disclosed?

Was the complication properly managed?

Did it make the promised result impossible?

Was the patient informed that the expected aesthetic result could be affected in this way?

Did the surgeon nevertheless guarantee a particular appearance?

The Court of Cassation’s recent decisions specifically show that a complication analysis cannot necessarily replace the contractual analysis of the promised aesthetic result.

Informed Consent Is Still Extremely Important

The fact that cosmetic surgery may be treated as a contract for work does not eliminate medical-law obligations.

The doctor must still comply with informed-consent requirements.

Before elective surgery, the patient should understand material risks, potential complications, alternative procedures and realistic limitations.

For international patients, language can become a serious issue.

A patient who speaks only English may receive several Turkish-language documents shortly before surgery.

The clinic may later argue:

“You signed the form.”

But a signature alone does not necessarily prove that the patient meaningfully understood the risks.

The surrounding communication should be examined.

What If the Patient Was Promised One Result but Signed a General Risk Form?

This is common.

Suppose the clinic tells a patient:

“You will have symmetrical breasts.”

The patient then signs a standard form stating that asymmetry is a possible complication.

Does the form automatically eliminate the earlier promise?

Not necessarily.

The court may need to examine the contract, informed-consent process, specific risk and actual result together.

A general consent form does not automatically rewrite every specific contractual representation.

Conversely, a patient cannot reasonably ignore clear risk information that directly qualifies the expected result.

The documents must therefore be read together.

What Rights Does Turkish Law Give When the Resulting “Work” Is Defective?

Where the aesthetic relationship is governed by contract-for-work rules and the resulting work is legally defective, Article 475 of the Turkish Code of Obligations becomes particularly important.

The provision gives the customer several alternative remedies where the contractor is responsible for the defect.

Depending on the statutory conditions, these include:

• withdrawing from the contract where the defect is sufficiently serious;
• keeping the result and requesting an appropriate reduction in price;
• requesting free correction where this can be done without disproportionate expense;
• claiming damages under general rules.

These remedies require careful adaptation in medical cases because the “work” is performed on a human body.

A building contractor can be ordered to repair a wall.

A cosmetic-surgery patient cannot always reasonably be expected to permit another invasive operation by a doctor in whom he or she no longer has confidence.

Can the Patient Ask for a Full Refund?

Potentially, depending on the seriousness of the defective result and the applicable legal remedy.

Article 475 permits withdrawal from a works contract where the defect is so serious that the customer cannot reasonably be expected to accept the work.

In cosmetic surgery, whether a full refund is appropriate depends on the individual facts.

Relevant questions may include:

• how serious the aesthetic defect is;
• whether the result can be corrected;
• whether permanent injury exists;
• whether the original objective was substantially defeated;
• whether the patient received some meaningful benefit from the procedure.

A refund is therefore not automatic whenever the patient is unhappy.

Can the Patient Request a Price Reduction?

Yes, potentially.

Another remedy recognised by Article 475 is keeping the work and requesting a reduction in the price proportionate to the defect.

This may be relevant where:

• the procedure provided some benefit;
• the outcome is not completely unacceptable;
• a measurable aesthetic defect nevertheless remains.

The correct amount may require expert evaluation.

Can the Patient Request Free Revision Surgery?

Potentially.

Article 475 also recognises correction at the contractor’s expense where this can be done without disproportionate cost.

Clinics often voluntarily offer:

“Come back to Turkey and we will revise it for free.”

The patient should not automatically accept or reject this proposal.

Before revision, consider:

• whether an independent surgeon recommends further surgery;
• whether the same surgeon is medically suitable;
• whether the patient still trusts the clinic;
• what exactly the clinic proposes to correct;
• whether there are additional anaesthesia or hospital charges;
• whether the patient must pay travel or accommodation;
• whether a release or waiver must be signed.

Revision surgery itself carries new risks.

Medical safety should remain the priority.

Must the Patient Accept Revision Surgery From the Same Doctor?

Not automatically.

The clinic may argue:

“We offered to correct the result but the patient refused.”

This can be relevant when assessing damages.

However, bodily integrity cannot be treated like an ordinary commercial object.

A patient who has suffered a seriously defective result may have legitimate reasons for refusing further invasive treatment by the same surgeon.

The court may need to consider:

• medical necessity;
• degree of risk;
• whether the proposed revision is reasonable;
• loss of trust;
• whether another surgeon can perform the correction;
• the patient’s duty not to unnecessarily increase the damage.

There is no universal rule requiring every patient to give the same doctor a second opportunity.

Can Corrective Surgery Be Performed in the Patient’s Home Country?

Yes.

A foreign patient may obtain appropriate treatment in the United Kingdom, Germany, France, the Netherlands or another country.

If legally attributable defective surgery in Turkey makes corrective treatment necessary, the resulting expenses may potentially be included in the damages claim.

The patient should obtain:

• independent medical reports;
• written revision plan;
• estimated cost;
• invoices;
• proof of payment;
• photographs.

The need for correction should ideally be medically documented before revision takes place.

Can the Cost of Revision Abroad Be Claimed?

Potentially.

The key questions are:

Is the treatment medically or aesthetically necessary to correct the original defect?

Is the cost reasonable?

Is there a causal connection between the first operation and the corrective procedure?

A patient should not assume that every expense charged by a more expensive foreign surgeon will automatically be awarded.

But reasonable and necessary corrective costs can form part of material damages.

What Other Material Damages May Be Claimed?

Depending on the case, financial losses may potentially include:

• original surgery costs;
• corrective surgery;
• additional hospital costs;
• medication;
• specialist consultations;
• travel caused by corrective treatment;
• loss of earnings;
• future healthcare expenses.

Each amount should be documented.

Foreign patients should keep invoices, bank records, employment documents and medical evidence.

Can Moral Compensation Be Claimed?

Potentially, yes.

Defective cosmetic surgery can affect bodily integrity and personal dignity.

A patient may suffer:

• permanent scarring;
• visible disfigurement;
• pain;
• prolonged corrective treatment;
• permanent asymmetry;
• other serious bodily consequences.

Court of Cassation decisions concerning failed aesthetic treatment regularly consider both material and non-material compensation.

For example, the 17 November 2025 decision directed that the claimant’s material compensation requests be examined and that an appropriate non-material award also be determined after finding that the promised aesthetic result had not been properly achieved.

The amount depends on the circumstances rather than a fixed statutory schedule.

Permanent Scarring and Cosmetic Surgery Claims

Scarring is especially important.

Many operations inevitably involve some level of scar formation.

Therefore, the mere existence of a scar does not always prove defective treatment.

But the legal assessment may change where:

• the scar is substantially worse than expected;
• the patient was told the procedure would leave minimal or almost invisible scarring;
• the scar is in an unexpected location;
• poor technique caused excessive scarring;
• scar management was inadequate;
• the final appearance defeats the cosmetic purpose.

The Court of Cassation’s 17 November 2025 decision itself involved significant postoperative scars and demonstrates why a simple “scarring is a complication” explanation may not always resolve the dispute.

Rhinoplasty: What If the Nose Does Not Look as Promised?

Rhinoplasty is one of the most common cosmetic procedures performed for international patients in Turkey.

Potential complaints include:

• crooked appearance;
• asymmetry;
• excessive narrowing;
• nasal collapse;
• visible irregularities;
• unsatisfactory tip shape;
• result inconsistent with simulation;
• breathing problems.

The first issue is whether the procedure was purely aesthetic, medically functional or combined.

A purely aesthetic rhinoplasty may fall particularly clearly within the result-oriented contractual approach.

Where surgery also addressed breathing difficulties or another medical condition, the legal analysis can be more complex because therapeutic and aesthetic objectives may overlap.

The promised result should therefore be identified precisely.

Breast Surgery: Asymmetry, Scarring and Implant Position

Breast augmentation, reduction and lift procedures generate many disputes involving promised results.

Potential issues include:

• substantial asymmetry;
• implant displacement;
• incorrect implant positioning;
• excessive scarring;
• nipple-position differences;
• unexpected contour problems.

The patient’s preoperative anatomy is important.

A surgeon may not be able to create perfect symmetry where substantial natural asymmetry already existed.

But that limitation should generally be discussed honestly before surgery.

Preoperative photographs can therefore be crucial evidence.

Liposuction and Body Contouring

Liposuction disputes may involve:

• contour irregularities;
• uneven fat removal;
• visible depressions;
• persistent asymmetry;
• skin irregularities.

Again, not every irregularity constitutes defective performance.

The court may need specialist evidence addressing:

• initial body structure;
• technique;
• realistic expected result;
• final appearance.

Pre-treatment photographs and written representations concerning expected contour changes can become very important.

What If the Clinic Promised “Perfect Results”?

Absolute marketing language can create serious evidential issues.

Statements such as:

“Perfect result guaranteed.”

“100% symmetry.”

“No visible scars.”

can become relevant in determining what the patient reasonably understood was being promised.

Healthcare providers should normally avoid unrealistic representations because medicine is inherently affected by biological variation.

Where such promises nevertheless form part of the sales process, patients should preserve them.

Medical Tourism Companies Can Also Be Relevant

Foreign patients often do not directly contract with a surgeon.

Instead, a medical tourism company may:

• advertise the procedure;
• provide the quotation;
• collect the deposit;
• arrange the surgeon;
• arrange hospital admission;
• organise the hotel;
• organise transport.

Turkey’s International Health Tourism and Tourist Health Regulation, published on 26 April 2025, separately regulates healthcare institutions and intermediary organisations operating in international medical tourism and requires authorisation within the regulatory system.

Accordingly, where the promised result was marketed through an intermediary, its precise role may also need to be examined.

Who Should Be Sued: Surgeon, Hospital or Tourism Company?

There is no universal answer.

Potential responsibility may involve:

• the surgeon;
• hospital;
• clinic company;
• medical tourism intermediary;
• potentially more than one party.

The correct defendants should be identified by reviewing:

• contracts;
• invoices;
• payment records;
• communications;
• medical records;
• advertisements.

Patients should not assume that the Instagram brand name is necessarily the legally responsible company.

Preserve the Full WhatsApp Conversation

WhatsApp is often one of the most valuable sources of evidence in medical tourism disputes.

Do not preserve only messages sent after the operation.

The preoperative conversation may be even more important because it may show:

• what result was promised;
• which doctor was promised;
• photographs or simulations;
• claims about scars;
• statements about revision;
• price;
• package contents.

Where possible, preserve the complete conversation in a reliable format.

Take Photographs Before and After Surgery

Aesthetic cases are inherently visual.

The court and experts may need to compare:

the patient’s appearance before treatment

with

the final result.

Useful evidence can include:

• original preoperative photographs;
• clinic photographs;
• postoperative photographs;
• dated progress photographs;
• independent medical photography.

Avoid relying solely on edited social-media images.

Original digital files are generally more valuable.

Obtain the Complete Medical File

Patients should request:

• consultation records;
• treatment plan;
• informed-consent documentation;
• preoperative photographs;
• medical history;
• laboratory results;
• operative report;
• anaesthesia records;
• postoperative notes;
• discharge report;
• complication-management records.

These documents can help determine both medical compliance and what procedure was actually performed.

Can a Foreign Patient Start the Case After Returning Home?

Potentially, yes.

A patient does not lose Turkish legal rights simply because he or she has returned to another country.

A foreign patient may generally appoint a Turkish lawyer through an appropriate power of attorney.

Depending on the country, this may be completed through a Turkish consulate or through an appropriate local notarial and authentication procedure.

Substantial parts of the case may then be handled in Turkey through counsel.

The patient does not necessarily need to relocate or repeatedly travel to Turkey.

Is Mandatory Mediation Required?

Many private healthcare disputes involving consumers can fall within the consumer-law system.

Where proceedings fall within consumer-court jurisdiction, Turkish law generally requires completion of mandatory mediation before litigation, subject to statutory exceptions.

The exact procedural route depends on the parties and legal relationship.

A claim should therefore be classified correctly before proceedings begin.

How Long Does the Patient Have to Bring a Claim?

Time limits require particular caution.

Where a claim is based on a defective work under the works-contract rules, Article 478 of the Turkish Code of Obligations provides a two-year limitation period beginning from delivery for works other than immovable structures, while a twenty-year period applies where the contractor is grossly at fault.

However, cosmetic-surgery litigation may involve additional legal bases, including:

• contractual damages;
• bodily injury;
• consumer law;
• tort;
• informed-consent violations.

Therefore, foreign patients should not automatically conclude:

“I always have two years.”

or

“I always have twenty years.”

The correct limitation period must be analysed according to the particular claim.

Do Not Assume Revision Discussions Stop the Deadline

Clinics may continue communicating for months:

“Wait until the swelling disappears.”

“You need twelve months to see the final result.”

“We will revise it later.”

These statements may be medically reasonable in some cases.

But informal discussions do not necessarily stop applicable limitation periods.

A patient can continue postoperative observation while simultaneously obtaining independent legal advice concerning deadlines.

What Should a Foreign Patient Do When the Promised Result Is Not Achieved?

A sensible approach is to separate medical care from evidence preservation.

First, obtain an independent medical opinion.

Determine whether the condition is temporary, permanent or correctable.

Second, wait for the medically appropriate final-result period where necessary.

Some procedures require substantial healing time.

Third, preserve all preoperative representations.

Keep advertisements, simulations and WhatsApp messages.

Fourth, obtain the complete Turkish medical file.

Fifth, document the result with photographs.

Sixth, obtain a written corrective-treatment plan if revision is required.

Seventh, preserve all expenses.

Eighth, identify the legal clinic, hospital, surgeon and any intermediary.

Ninth, do not sign a settlement or waiver without understanding it.

Tenth, obtain legal advice before limitation periods expire.

Frequently Asked Questions

Can I sue if cosmetic surgery in Turkey did not give the promised result?

Potentially, yes. Turkish Court of Cassation jurisprudence treats certain purely aesthetic procedures as contracts for work involving result responsibility. Whether a claim exists depends on the result promised, actual outcome, medical evidence and circumstances.

Do I need to prove medical malpractice?

Not necessarily in every aesthetic claim. Recent Court of Cassation decisions show that even where conventional technical malpractice is not established, failure to achieve the promised result under a works contract may still require a separate liability analysis.

Can the surgeon simply say the outcome was a complication?

No. A complication may be relevant, but the court may also examine the promised aesthetic result, informed consent and complication management.

Can I ask for a refund?

Potentially. Article 475 allows withdrawal from a defective works contract in sufficiently serious circumstances and also provides price reduction, free correction and damages as alternative remedies.

Can I request free revision surgery?

Potentially. Free correction is one of the remedies recognised by Article 475 where legally and practically appropriate.

Do I have to let the same surgeon operate again?

Not automatically. Medical safety, trust, necessity of revision and the individual legal circumstances should be considered.

Can I have revision surgery in the UK or Germany?

Yes. If corrective treatment is necessary, preserve specialist reports, treatment plans and invoices because the reasonable cost may become relevant to the damages claim.

Can I claim compensation for permanent scars?

Potentially. Scarring may support material or non-material compensation depending on its cause, severity, promised result and permanent consequences.

What if the clinic showed me a computer simulation?

Preserve it. A simulation can potentially provide evidence concerning the result represented during the sales and consultation process, although its precise legal significance depends on the circumstances.

What if the promise was only made on WhatsApp?

Preserve the complete conversation. Written electronic communications may become important evidence of contractual representations.

Can I sue after returning to my home country?

Potentially, yes. Foreign patients can generally appoint Turkish counsel and undertake substantial parts of the process remotely.

How long do I have?

It depends on the legal basis of the claim. Article 478 contains specific limitation rules for defective works, but other legal bases can involve different periods.

Conclusion: A Failed Cosmetic Result Can Create Legal Responsibility Even Without Classical Medical Malpractice

Cosmetic surgery in Turkey occupies a distinctive position under Turkish law.

In ordinary therapeutic medicine, the central question is generally whether the doctor exercised the required professional care.

In purely aesthetic surgery, the analysis can go further.

Turkish Court of Cassation jurisprudence recognises that many aesthetic procedures constitute contracts for work because the patient seeks an agreed aesthetic result.

The surgeon may therefore have a contractual responsibility not merely to perform the procedure carefully, but to produce the promised result within the scope of the agreement.

This principle has been reinforced by important recent decisions.

On 19 March 2025, the Court of Cassation held that an aesthetic eyelid procedure had to be analysed through works-contract principles and that a case could not simply be dismissed because scarring and asymmetry were considered possible complications.

On 17 November 2025, the Court again held that where an aesthetic intervention failed to produce the promised result, the absence of conventional technical medical malpractice did not automatically eliminate contractual responsibility. The Court directed examination of material compensation and appropriate non-material damages.

These decisions significantly affect the legal position of foreign cosmetic-surgery patients.

A clinic cannot necessarily answer every complaint with:

“There was no malpractice.”

The proper questions may instead be:

What result did the clinic promise?

What result was actually achieved?

Was the operation purely aesthetic or medically necessary?

Were realistic limitations explained?

Was the patient informed about the relevant complications?

Was the complication managed correctly?

Is the remaining defect permanent?

Can the defect be corrected?

What will corrective treatment cost?

What representations were made in contracts, advertisements and WhatsApp messages?

Where the resulting work is legally defective, Article 475 of the Turkish Code of Obligations may provide several possible remedies, including withdrawal in sufficiently serious cases, reduction of the price, free correction and compensation.

Medical treatment nevertheless requires special caution.

The patient cannot be treated like the owner of a defective commercial product.

Revision surgery is an additional intervention into bodily integrity and may create new medical risks.

Accordingly, the patient’s health, trust in the surgeon, need for correction and independent medical advice all matter when deciding whether another operation should be accepted.

Foreign patients should also understand the importance of evidence.

The strongest claims will usually include:

preoperative photographs,

digital simulations,

WhatsApp conversations,

clinic advertisements,

treatment contracts,

consent forms,

operative reports,

postoperative photographs,

independent specialist reports,

corrective-treatment quotations and invoices.

International medical tourism is also now subject to the updated International Health Tourism and Tourist Health Regulation of 26 April 2025, which regulates healthcare institutions and intermediary organisations serving foreign patients.

Where treatment was sold through a medical tourism company, that company’s role should therefore also be investigated rather than automatically focusing only on the surgeon.

Finally, patients who have already returned to the United Kingdom, Germany, France, Belgium, the Netherlands, Ireland, the United States, Canada, Australia or another country should not assume that no Turkish remedy is available.

Depending on the individual case, a Turkish lawyer may review the evidence, request medical records, identify the correct hospital and corporate entities, initiate mandatory pre-litigation procedures where required and pursue refund, price reduction, corrective-treatment costs and compensation through an appropriate power of attorney.

The most important practical lesson is this:

In Turkish aesthetic-surgery law, the absence of a classic technical medical error does not always mean that the surgeon has fulfilled every legal obligation.

Where cosmetic surgery was undertaken to create a specific aesthetic outcome, the promised result itself can become a central part of the legal case.

If cosmetic surgery in Turkey has left you with a result substantially different from what was promised, permanent scars, significant asymmetry, deformity or the need for revision surgery, the contractual promises, medical records and final result should be evaluated together before deciding whether a refund or compensation claim is available.

Legal Disclaimer

This article provides general information concerning cosmetic surgery disputes and Turkish law as of September 2026. It does not constitute individual legal advice.

Whether a cosmetic procedure constitutes a contract for work, whether the promised result was legally binding, whether treatment was defective and which remedies are available depend on the specific treatment, medical circumstances, communications, contractual documents, informed-consent process, expert findings and applicable limitation periods.

Each cosmetic-surgery dispute should therefore be evaluated individually.