Compensation for Psychological Harm and Trauma: Depression Following Maltreatment and Cosmetic Procedures

Conditions for monetary and non-monetary compensation for depression, anxiety, and trauma following malpractice or unsuccessful cosmetic procedures, including evidence, legal procedures, and statute of limitations.

Depression After Wrong Treatment – ​​Psychological Breakdown After Cosmetic Procedures

1) The essence of the matter: "Mental breakdown" is also considered damages under the law

When people think of harm caused by healthcare services, most only consider physical disability. However, misdiagnosis/treatment, delayed diagnosis, incorrect medication administration, neglect in managing complications, or failure to achieve the desired result in cosmetic procedures on a person's mental well-being : depression, panic disorder, post-traumatic stress, social phobia, loss of self-esteem, sleep disorders, and decreased work capacity/performance, among others.

In Turkish law, such psychological effects are treated differently depending on the nature of the event:

• Tort liability (causing damage through a negligent or unlawful act),

• contractual liability (private hospital/physician's breach of contract),

• Furthermore, damages to personal rights (honor, private life, physical and mental integrity)
  may be subject to a claim for compensation. The general liability provision of the Turkish Code of Obligations establishes, as a fundamental rule, the obligation to compensate for damages caused by an unlawful and culpable act.

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2) What kind of compensation can be claimed? (Material + moral)

A) Monetary compensation (losses measurable in monetary terms)

If psychological trauma is considered within the scope of "physical harm," the categories of material damages listed in the Turkish Code of Obligations are very useful in practice: treatment costs, loss of earnings, loss of working capacity, and disruption of economic future.
These categories are structured to cover psychiatric treatment/psychotherapy/medication costs and the economic impact of the trauma on work and life.

Examples of items for material damage:

• Psychiatric examination and follow-up expenses

• Psychotherapy session fees

• Drug costs (antidepressants/anxiolytics, etc.)

• Loss of wages/bonus due to disability as a result of trauma

• Decreased performance leads to decreased income (especially in freelance, sales, performing/media work, etc.)

• Disfigurement + loss of career opportunities due to depression (casting, filming, stage performances, acting, etc.)

• Travel/accommodation/escort expenses (if applicable)

B) Non-pecuniary damages (pain, distress, suffering, loss of quality of life)

Psychological trauma is the "primarily serious" harm in most cases. The Turkish Code of Obligations stipulates that moral damages can be awarded in cases of bodily harm . Furthermore, moral damages can also be sought in cases of "violation of personality rights"; the judge may, if deemed appropriate, order other forms of redress in addition to monetary compensation.

The crucial point here is that moral damages are not punishment; restoring, to some extent, the victim's emotional well-being . The severity of the case, the degree of fault, the permanence of the damage, and its impact on the victim's life are all determining factors in the amount of compensation.

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3) Post-treatment depression: Which cases qualify for compensation?

"Maltreatment" is not reduced to a single thing. In practice, the most common examples that lead to compensation claims are as follows:

• Misdiagnosis / delayed diagnosis: Disease progression, unnecessary intervention, chronic anxiety.

• Wrong medication/dose/interaction: Triggering panic attacks, severe side effects, risk of addiction.

• Unnecessary intervention / false indication: A seemingly unnecessary intervention leading to psychological distress.

• Negligence in complication management: A complication is not always a fault; however, liability arises if the follow-up and treatment chain is not managed correctly when a complication occurs.

• Lack of communication/information with the patient: Deepening of uncertainty, mistrust, guilt, and trauma.

Here, the litigation strategy is based on the following questions:

1. the medical standard , and was there any deviation from that standard in this case?

2. If there is a deviation, a causal link ?

3. the depression/traumatic stress after the event , or is it persistent?

4. psychological harm be documented (diagnosis, assessment, medical report, therapy records)?

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4) Psychological distress after cosmetic surgery: The area where the cases are strongest

Aesthetic procedures involve a different psychology and expectations than interventions performed for "treatment" purposes. Therefore, in Supreme Court practice, aesthetic disputes are often a contract for services (results-oriented) .

Indeed, a recent example, as reflected in the news text, is the case of the 6th Civil Chamber of the Supreme Court of Appeals, which overturned the local court's rejection decision in a compensation case following an unsuccessful cosmetic surgery. The court indicated that the relationship between the parties should be evaluated differently from a "treatment contract" and that the provisions of a "contract for services" should be applied . In the same case, the expectation of "achieving the desired result" is emphasized; and it is stressed that when the desired outcome is not achieved, the material and moral claims should be evaluated.

HGK perspective: Appearance + mental distress are evaluated together

In a case before the General Assembly of Law concerning aesthetic surgery, the court overturned a decision in a case where the plaintiff claimed compensation for moral damages based on the fact that she earned her income from her physical appearance, experienced complications and disfigurement after the operation, and suffered serious mental distress and psychological damage.
In such cases, the defense of "only scarring remains" or "complications" psychological distress and disfigurement on professional/social life is substantiated.

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5) Informed consent: A key element in claims of psychological harm

One of the most typical triggers for the aggravation of psychological trauma is the feeling of "I wasn't told," "I didn't know the risks," and "I wasn't given any other options." Therefore, informed consent is central to both accountability and compensation for emotional distress.

Patient rights legislation provides protection based on the patient being informed about their health condition, the proposed medical procedure, risks, alternatives, and possible outcomes, and obtaining their consent.
In practice, the following distinction is critical:

• The signed standard form ≠ always includes actual lighting

• Just because it says "risk" doesn't necessarily mean the risk has been clearly explained

• The patient “signed” does not necessarily mean consent is valid in every case (especially in aesthetics, managing expectations is crucial)

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6) Evidence and proof set: Making the psychological harm "visible in the file"

The court cannot measure psychological harm on its own; you make it visible in the case file. The strongest cases timeline, medical records, and psychiatric evidence .

A) Evidence proving psychological harm

• Psychiatric specialist report, diagnosis and treatment plan

• Clinical psychologist/psychotherapy records (with respect for privacy)

• Scales (BDI, BAI, PCL-5, etc., measurements recorded by the physician in the file)

• Drug prescriptions and continuity of use

• Sick leave reports, performance evaluations, workplace correspondence

• Close observers (changes before/after the event)

B) Evidence proving medical malpractice/corruption

• Epicrisis, surgical notes, consultation records

• Imaging/lab results

• Consent form, information notes

• Photographs and period images (especially in aesthetics)

• Forensic medicine / expert reports

C) How is a causal link established?

The most common mistake: saying "I have depression," but leaving open questions like when it started, why it worsened, and whether it was there before . The solution:

• If there is no prior psychiatric history, this needs to be documented (family physician records, social security history, absence of reports)

• Showing the proximity between the date of the initial application after the incident and the date of intervention

• To concretely identify triggers such as prolonged treatment process/repeated surgeries/permanent scarring and disfigurement

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7) Legal procedure and competent court: Distinction between private and public hospitals

Private hospital / private clinic / doctor

In practice, consumer courts come into play in many cases, and for mediation is a prerequisite in most consumer disputes. Article 73/A of Law No. 6502 regulates this framework.
Consumer court practice is also common in aesthetic procedures (due to the specific contractual relationship and service provision).

public hospital

In public hospitals, disputes over administrative misconduct and the possibility of pursuing full judicial review may arise. Since the administrative judicial process/application procedure can vary depending on the nature of the dispute, the case file and the structure of the parties involved (public-private distinction, physician status, hospital's operating model) must be carefully analyzed.

Note: This article is for general informational purposes only; the specific role/authority and type of case should be clarified according to the details of the file.

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8) Statute of limitations and strategy "if the extent of the damage is unclear"

In some cases, psychological harm worsens or becomes permanent over time. Therefore, in addition to the statute of limitations, of clarifying the extent of the harm later is also important.

If the extent of bodily harm cannot be fully determined at the time of the decision, there is a provision allowing the judge to reserve the right to amend the judgment within a certain period after it becomes final.
This is particularly valuable in cases where the psychiatric condition has become chronic or treatment has been prolonged, in terms of the discussion of "lasting effect".

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9) Two scenarios in practice: How should it be explained in the petition?

Scenario 1: Depression following incorrect treatment

The aim of the petition is to describe depression not as "abstract sadness," but a medical diagnosis + functional impairment + decreased quality of life .

The backbone of the claim:

• Deviation from standard procedure in medical treatment (misdiagnosis/neglect/wrong medication, etc.)

• The tangible consequences of deviation (prolonged treatment, complications, intense pain, uncertainty)

• Impact on mental well-being (diagnosis, treatment, disruption of work and personal life)

• Items of material damage (therapy/medication/loss of work) within the framework of Article 54 of the Turkish Code of Obligations

• Grounds for moral damages (Turkish Code of Obligations Articles 56-58)

Scenario 2: Psychological breakdown after cosmetic surgery

Here, the findings are generally more “visible”: photographs, scars, asymmetry, repeat operations, social withdrawal.

The backbone of the claim:

• The nature of the contractual relationship and the form of the expectation (outcome-oriented)

• Failure to achieve the desired result + further interventions

• Social/occupational loss due to disfigurement

• Medical documentation of psychological breakdown

• The Supreme Court's approach: outcome-oriented evaluation and examination of compensation claims

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10) Practical checklist: 12 steps to strengthen the file

1. Gather all medical records in a single file (epicrisis, surgical notes, prescriptions, follow-up).

2. Obtain the consent forms and information documents.

3. Please clarify if there is a history of psychiatric complications prior to the incident.

4. Obtain a diagnosis and course report from a psychiatrist.

5. Keep organized records of therapy sessions and bills.

6. Document workforce losses (payroll, bonuses, performance, income decrease).

7. Create a photo timeline for aesthetics.

8. Support the "before-and-after" life change with witness accounts.

9. Formulate expert witness questions in a targeted manner (fault + causality + damages).

10. Don't miss the opportunity for mediation in consumer cases.

11. Justify your claim for moral damages in a way that is proportionate to the gravity of the case, not "disproportionate.".

12. Manage the risk of expiration from the start.

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11) Frequently Asked Questions

Can compensation be obtained for depression?
Yes; depression/anxiety/trauma can be the subject of both material (treatment, loss of income, etc.) and moral compensation claims when a causal link is established to the event. The basis for these claims is tort law and the protection of personality/body-mind integrity.

Does simply stating "complication" end the case?
No. The claim of a complication is examined separately in each specific case. Especially in aesthetics, there are examples in the Supreme Court's practice indicating that evaluations should be outcome-oriented and compensation claims should be considered on their merits.

Is it easier to claim compensation for non-pecuniary damages in cosmetic surgery?
In many cases, yes; because disfigurement, social/professional loss, and psychological devastation can all be considered together. In Supreme Court of Appeals decision texts, it is seen that the claim of "mental distress/impaired psychology" can be the subject of litigation.

Is mediation mandatory before filing a lawsuit against a private hospital?
In many disputes heard in consumer courts, mediation is a prerequisite for filing a lawsuit (with exceptions).

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Final words

Don't dismiss a case of malpractice or failed cosmetic surgery with a simple "it's just upsetting." Depression, trauma, loss of self-esteem, and social withdrawal constitute legally recognized moral damages , and in many cases, also result in financial losses . The fate of the case is determined not by simply saying "I experienced it," but by proving medically and chronologically that you did experience it .