Foreigners' Victimization of Cosmetic Surgery in Türkiye

Meta Description: What can foreign patients who are victims of cosmetic surgery in Turkey do? Topics covered include medical tourism, botched surgeries, lack of consent, billing discrepancies, and compensation rights.

What rights do foreigners have who undergo cosmetic surgery in Türkiye?

Turkey is one of the countries frequently preferred by foreign patients in the fields of aesthetic surgery and health tourism. Many foreign patients come to Türkiye for procedures such as rhinoplasty, liposuction, breast augmentation, tummy tuck, facelift, eyelid surgery, hair transplantation, and dental aesthetics.

However, cosmetic surgery is not merely a beauty service. Cosmetic operations are considered medical interventions. Therefore, foreign patients are protected under patient rights, health law, consumer law, contract law, and medical malpractice provisions.

The fact that a foreign patient is not a citizen of the Republic of Turkey does not prevent them from seeking legal redress. Foreign patients who have suffered harm due to cosmetic surgery in Türkiye can pursue legal avenues such as complaints, administrative appeals, consumer appeals, and lawsuits for material and moral damages.

Selection of Authorized Institution within the Scope of Health Tourism

The first thing foreign patients coming to Türkiye for cosmetic surgery should pay attention to is whether the healthcare facility where the procedure will be performed is authorized. The Ministry of Health publishes lists of healthcare facilities and intermediary organizations that have received international health tourism authorization certificates. These lists are important for foreign patients to check the authorization status of the institution they will receive services from.

Undergoing procedures at unauthorized clinics, apartments, beauty centers, or intermediary companies can pose serious risks. Cosmetic surgery should be performed in a hospital or authorized healthcare facility, by a specialist physician, and under appropriate medical conditions.

The Most Common Cosmetic Surgery Victimizations

The most common negative experiences foreign patients have regarding cosmetic surgery in Türkiye are as follows:

• The outcome of the surgery being different than promised,
• Performing procedures by unauthorized persons instead of a physician,
• Failure to detect complications in time,
• Infection or permanent scarring,
• Incorrect application of technique,
• Failure to obtain informed consent,
• Having the patient sign documents in a language they don't understand,
• Lack of postoperative follow-up,
• Failure to provide a bill or medical record,
• Insufficient provision of takeaway services,
• Misleading information from a health tourism agency,
• High fees are being charged again for revision surgery.

Not every negative outcome automatically means malpractice. However, legal liability may arise if there are violations of medical standards, lack of information, or breach of contract.

Why is Informed Consent Important?

In cosmetic surgeries, the patient's explicit, conscious, and informed consent must be obtained. The Patient Rights Regulation aims to protect patient rights in all institutions and organizations providing healthcare services. Within the scope of the regulation, the patient has the right to receive information about their health condition and the medical procedure to be performed.

Informed consent is not just a signature. The patient must be clearly informed about the following:

• How the surgery will be performed,
• Risks and complications,
• Alternative treatment methods,
• The expected outcome cannot be guaranteed
• Possibility of revision,
• Recovery time,
• Risk of permanent scarring, asymmetry, infection, or tissue loss
• Postoperative care responsibilities,
• Total cost and additional charges.

If a foreign patient does not speak Turkish, the information should be provided in a language the patient understands. A consent form signed by the patient in a language they do not understand may become a point of contention in future legal disputes.

Misleading Advertising and Unrealistic Promises

In the field of cosmetic surgery, foreign patients are reached through social media advertisements, "before-and-after" images, influencer content, or package deals. However, guaranteeing definitive results in medical procedures is legally problematic.

For example, if promises such as "absolutely flawless results," "lifetime guarantee," "scarless surgery," or "perfect appearance in a single session" mislead the patient, claims of defective service, unfair commercial practice, or breach of contract may arise.

According to the Ministry of Trade's information on defective services, consumers can resort to the optional rights stipulated in the law in case of defective service.

What rights can a foreign national who is a victim of cosmetic surgery claim?

Depending on the specific circumstances of the case, a foreign patient may make the following requests:

• Refund of the surgery fee paid,
• Price reduction proportional to the defect
• Free revision or treatment costs,
• Additional healthcare costs,
• Travel, accommodation and interpreter expenses,
• Loss of workforce,
• Monetary compensation,
• Moral compensation,
• Repairing damages resulting in permanent scarring or disability.

The legal right to be claimed is determined according to the nature of the incident. Simple dissatisfaction and medical malpractice are not evaluated on the same legal grounds.

What evidence should be collected?

Foreign patients should gather as much evidence as possible before leaving Türkiye. The most important evidence includes:

• Hospital or clinic name,
• Physician information,
• Surgery contract,
• Consent forms,
• Epicrisis report,
• Surgical notes,
• Medical records,
• Invoices and payment receipts,
• WhatsApp and email correspondence,
• Advertising images,
• Before and after photos,
• Photos of the complications,
• A report from another doctor,
• Hotel, flight, and transfer expenses.

The failure to provide medical records can also be grounds for complaint. The patient has the right to request records relating to their treatment.

Responsibility of Health Tourism Intermediary Organizations

Foreign patients often contact medical tourism agencies rather than hospitals directly. These agencies can arrange hotels, transfers, interpreters, doctor appointments, and surgeries.

Healthcare facilities and intermediary organizations operating within the scope of international health tourism must be authorized. Regulations exist stating that the activities of those without authorization certificates may be suspended.

The agency may be held liable if it has misled the patient, referred them to an unauthorized center, failed to provide the promised services, or abandoned the patient after complications arose.

Failure to Issue an Invoice or Overcharging

One common problem faced by foreign patients is the discrepancy between the price quoted before surgery and the fee charged after surgery. Additionally, some patients are not given invoices, or the scope of the package services is not clearly indicated.

In this case, the patient:

• Detailed invoice,
• A list of the procedures performed,
• Payment receipt,
• Insurance provision documents,
• Package service contract

should demand.

Failure to issue an invoice can create problems under both tax law and consumer law. If there has been an overcharge or unfair charge, a refund and compensation can be claimed.

Can a foreign patient file a lawsuit after leaving Türkiye?

Yes. Even if a foreign patient has left Türkiye, they can still pursue complaints and legal proceedings through a lawyer in Türkiye. This requires a properly drawn up power of attorney.

A power of attorney can be drawn up at a Turkish consulate. If it is drawn up before a foreign notary, an apostille, Turkish translation, and notarization may be required.

Complaint and Legal Procedures

A foreign patient who is a victim of cosmetic surgery may pursue the following avenues, depending on the nature of the incident:

• Written application to the hospital or clinic,
• Patient rights unit,
• Provincial Health Directorate,
• CİMER,
• Consumer Arbitration Board or Consumer Court,
• A lawsuit for material and moral damages
• If there is gross negligence or unauthorized action, a criminal complaint will be filed with the prosecutor's office
• Insurance application in case of an insurance dispute.

When determining the appropriate course of action, the type of damage, the cost of the procedure, whether medical malpractice occurred, the contractual relationship, and the evidence should all be considered together.

Conclusion

Foreign patients who undergo cosmetic surgery in Türkiye have legal protection against harm caused by medical services. They can seek redress in cases of unauthorized clinics, misleading advertising, insufficient information, lack of informed consent, faulty surgery, negligence in complication management, failure to provide invoices, or incomplete provision of package services.

Before undergoing cosmetic surgery, the healthcare facility's licensing status should be checked, all promises should be made in writing, the fee and package contents should be clearly defined, consent forms should not be signed without understanding, and medical records must be kept.

Having left Türkiye does not prevent one from filing a lawsuit. Foreign patients can pursue complaint, compensation, and restitution processes in Türkiye through a lawyer.