Alternative Medicine and Unauthorized Interventions

Compensation for Unauthorized Intervention and Legal Liability in Cases of Failure by Beauty Centers

In Türkiye, two sectors have been growing rapidly simultaneously in recent years:

1. Practices presented as "alternative/complementary" (cupping, leech therapy, ozone therapy, mesotherapy, hypnosis, etc.)

2. Beauty salon/center services (laser/light-based hair removal, skin care, chemical peels, localized slimming devices, etc.)

Growth is good; however, when the "supervision" and "competence" aspects of growth are lacking, the consequences can be severe: permanent burns, scars and marks, infection, nerve damage, and even serious systemic complications. The more critical aspect is that a significant portion of these harms occur due to unauthorized individuals , procedures performed in non-healthcare settings , or with devices/procedures not permitted by law

In this article, I clarify two main points in a single document:

• Compensation claims due to unauthorized intervention (especially examples such as "in-home serum administration," "in-home Botox," "uncertified cupping therapy," and "illegal filler treatments").

• Legal liability for errors made by beauty centers/salons (burns, blemishes, scars, allergic reactions, wrong device/wrong dosage/wrong application, lack of information)

The goal is for the victim to "know what to do," to gather the correct evidence, and to pursue the right legal path.

Note: The following information is for general informational purposes only. The specifics of the case (contract, payment method, fault, reports, disability, etc.) will alter the strategy.

1) “Alternative Medicine” Isn't Everything: Differentiate Between Complementary and Alternative Medicine and the Unlicensed

In Turkey, the field of "Traditional and Complementary Medicine (TCM)" is not entirely unregulated ; on the contrary, there is a framework regulated by the Ministry. The regulation clearly defines the purpose and limits of the practices, the places where they are performed, and, most importantly, the authorized persons . The regulation states that the practices can only be performed in units/centers authorized by the Ministry and by physicians (and in some areas, dentists) who hold a practice certificate

This means:

• Saying "I perform cupping therapy" is not enough.

• Saying "I took this course" isn't enough.

• Saying "I learned through master-apprentice" is simply not enough.

authorization and location requirements are sought: Authorized physician + authorized health institution/unit/center.

Any procedure marketed under the name "GETAT" (Traditional and Complementary Medicine) but not conforming to this framework creates two major advantages for the victim:

1. criminal liability increases.

2. for illegality are clear, fault/breach is easier to prove in a compensation lawsuit.

2) Unauthorized Intervention: The Basis of Criminal Liability and Damages

2.1. “Practicing medicine without a diploma / providing unauthorized treatment” – Law No. 1219

The most critical threshold in the field of medical intervention is medical license. Law No. 1219 stipulates imprisonment and a fine for individuals who treat patients or use the title of physician without a diploma.

Because this provision is structured to be applied "even without any ulterior motive," the defense of "I didn't take money, I did it as a favor" is often not a sufficient solution in most cases.

2.2. Turkish Penal Code aspect if there is injury/death

When an unauthorized intervention results in injury, permanent scarring, sensory loss, or infection, the circumstances may constitute negligent injury or more serious offenses. The Turkish Penal Code regulates the crimes of negligent injury and negligent homicide

The critical point in practice: the "I'm not an expert, but I did it" approach can complicate fault assessment because it increases foreseeable risks.

2.3. The basis for compensation: Turkish Code of Obligations (tort / breach of contract)

On the civilian level, there are two main avenues:

• Tort (Turkish Code of Obligations , Article 49)

• Breach of contract / defective service (especially in paid services)

In tort liability, the following factors are evaluated: the unlawful act, the damage, causality, and fault.

In terms of damages, the Turkish Code of Obligations regulates material damages such as medical expenses, loss of earning capacity, and disruption of economic future, as well as moral damages under appropriate conditions

3) Beauty Center/Salon Mistakes: The Line Between "Defective Service" and "Medical Procedure"

3.1. A beauty salon is not a "healthcare facility"

Beauty salons often operate as "service businesses"; however, some procedures carry risks that are practically equivalent to "medical intervention." Therefore, judicial precedents and administrative court decisions have focused particularly light/laser-based devices and procedures with a risk of complications.

For example, the 17th Chamber of the Council of State examined the regulation allowing IPL photoepilation in beauty salons; the risk of complications and the need for medical evaluation with such devices were discussed.
The Turkish Dermatology Association's decision note also emphasizes the risk of burns and permanent complications from IPL applications.
Furthermore, the approval decision of the Administrative Litigation Chambers Board of the Council of State outlines the subject matter and the framework of the regulation.

Conclusion: If a procedure packaged as a "beauty service" is performed with a technically risky device, a medical expert examination and a discussion of negligence are inevitable.

3.2. Defective service (6502) – especially in paid beauty treatments

A service contract is often established between a beauty center and the client; payment is made, a package is sold, and sessions are scheduled. If the service differs from what was promised, is not performed safely, or does not meet standards, it gives rise to the issue of "defective service."

Law No. 6502 regulates the defective service regime; it includes the consumer's optional rights and the framework for the process.

This framework offers practical advantages for the victim:

• The dispute a consumer court/consumer law framework (depending on the specifics of the case).

• Contracts, package deals, advertising promises, and claims of "guaranteed results" become direct evidence.

4) Who is responsible? Don't separate the "implementer" from the "company"

The most common mistake victims make: focusing only on the person who carried out the act. However, in most cases, those responsible are part of a chain:

1. The person performing the action (the one doing the act)

2. Business owner/company (organization, supervision, personnel selection, equipment supply)

3. Responsible manager / authorized director (if any)

4. Franchise network (based on brand/standard/audit relationship)

5. Device/product supplier (very exceptional; product defect is a separate technical file)

Whichever legal classification you choose (tort, contract, consumer), a good strategy often of joint and several liability : the damage is singular; the responsibility of everyone who contributed to the damage is debatable.

5) Most Common Scenarios (In Terms of File Structure)

A) "At-home Botox/Filler/Mesotherapy" and its complications

• Unauthorized person + non-sterile environment + wrong product

• Consequences: risk of facial paralysis, blood clots, tissue loss, infection, permanent scarring

Here, the criminal complaint and the compensation lawsuit proceed together. Failure to meet the requirements of the Complementary and Alternative Medicine/health legislation strengthens the illegality.

B) Infection/bleeding after "cupping/leech therapy"

Treatments within the scope of Complementary and Alternative Medicine (CAM) can only be performed in an authorized facility and under the supervision of a certified physician.
Otherwise, both administrative and criminal risks increase; the degree of fault in compensation claims becomes more severe.

C) Burns, spots, and scars after laser/light-based hair removal

The critical points in these files are: application protocol, device type, skin type assessment, informed consent , and subsequent appropriate intervention.
Council of State decisions and scientific risk assessments from dermatology circles form the background for expert review.

6) Evidence Strategy: 50% of compensation is "Evidence Management"

If the right steps are taken within the first 72 hours after you (or your client) suffer damage, the case becomes much stronger

6.1. Obtain complete medical records

• Emergency room records

• Dermatology/plastic surgery examination notes

• Photos (with date and time)

• Prescriptions, medication bills

• Dressing/treatment plan

6.2. Document the employment relationship

• Contract, session card, package sale

• Bank statement / POS slip

• WhatsApp conversations / DM messages

• Screenshots of advertisements (claiming terms like "guaranteed results," "doctor-approved," "medical," etc.)

6.3. Evidence gathering and expert opinion

Especially in burn/scar cases, the healing process "changes" the evidence. Therefore, for evidence preservation often changes the game in many cases: the degree of scarring, the likelihood of permanence, and the need to record the original state...

7) Which Legal Path? Criminal Case + Compensation + Consumer Triangle

7.1. Criminal complaint (prosecution)

• Claim of unauthorized treatment / practicing medicine without a license (1219)

• Injury/death resulting from (Turkish Penal Code)

The criminal record contributes to the compensation claim in two ways:

1. Evidence is collected (statements, camera footage, expert opinions).

2. The dispute over fault intensifies.

7.2. Compensation lawsuit

Depending on the nature of the damage:

• Civil Court of First Instance (cases primarily involving torts)

• Consumer Court (cases predominantly involving defective service/consumer transaction characteristics)

In practice, the "duty" debate prolongs the process. Initially, clearly define the contract-payment relationship and whether the service constitutes a consumer transaction.

7.3. Statute of Limitations (very critical)

The statute of limitations for torts is regulated in the Turkish Code of Obligations; there are periods starting from the date the damage and the perpetrator are discovered, and in any case, there is an upper limit.
In consumer law, periods relating to defective services are also taken into account separately.

8) What types of compensation can be claimed?

8.1. Monetary compensation (Turkish Code of Obligations)

• Treatment costs, medication/serum/dressing costs

• Loss of working capacity / loss of earnings

• Permanent scarring can jeopardize economic future (especially in the facial area, visible areas)

The Turkish Code of Obligations' approach to damages forms the backbone of the case.

8.2. Non-pecuniary damages

Burns, scars, disfigurement, permanent facial discoloration, social/psychological effects…
Moral compensation is not about "enrichment"; it is a partial compensation for the pain and suffering experienced. The Turkish Code of Obligations regulates the framework of moral compensation.

8.3. Loss of support (in case of death)

In severe cases (rare but possible), the Turkish Code of Obligations' regime regarding loss of support in case of death comes into play.

9) Businesses' Most Common Defenses and Countermeasures

Defense 1: “The customer gave consent / signed the form”

A consent form doesn't automatically legitimize everything.

• the information sufficient?

• Have the risks been explained clearly?

• Have any alternatives been offered?

• Is the application compliant with the standard?

Defense 2: "It was caused by skin type / allergy"

Allergy risk can exist in any case; however, what is expected in professional service is:

• Appropriate testing, appropriate dosage, appropriate device settings, appropriate warnings, and follow-up.

Defense 3: “This device is unregistered / this procedure is not medical”

The technical specifications of the device, the risk profile of the application, and regulatory discussions will be clarified in the case file with the expert's opinion. Council of State decisions and the risk assessments of professional organizations provide the basis for this discussion.

10) Conclusion: The Cost of Damages in the "Underground" Businesses is High – There is a Way to Seek Justice

The most important message in cases of unauthorized intervention is this:
Your loss is not "fate"; it is possible to pursue compensation and liability through proper evidence and legal proceedings.

The file usually starts strong, especially in these two situations:

1. the transaction an unauthorized person (violation of Article 1219 / GETAT framework)

2. If objective medical records are obtained after the procedure (burns, blemishes, scars, infection, etc.)

Frequently Asked Questions

1) I suffered burns at a beauty salon, can I receive compensation?
Yes. If you have medical records, photographs, and payment/contract evidence, the fault and causality will be assessed by an expert, and compensation for material and moral damages will be considered.

2) They said, "I signed the consent form," can't I file a lawsuit?
Yes, you can. The content of the form, the adequacy of the information provided, and the compliance of the application with the standard are the determining factors.

3) I had cupping/leech therapy done by an uncertified practitioner and developed an infection. What should I do?
The strategy should be: first, medical intervention and documentation, then a complaint to the prosecutor's office + compensation. It is important that GETAT (Traditional and Complementary Medicine) practices are performed by authorized centers and certified physicians.

4) Can a criminal case be opened against someone who performs unauthorized Botox/filler injections?
Depending on the specifics of the case, an investigation may be initiated under Article 1219 and, depending on the outcome, under the Turkish Penal Code.