Grievances Experienced by Foreign Patients in Türkiye Within the Scope of Health Tourism and Legal Remedies

What is health tourism?

Medical tourism is the healthcare relationship that arises when a foreign individual comes to Türkiye to receive treatment, surgery, cosmetic surgery, dental treatment, hair transplantation, in-vitro fertilization (IVF), check-ups, organ transplantation, physical therapy, oncology treatment, or similar healthcare services. In recent years, Turkey has become a popular choice for foreign patients, particularly for cosmetic surgery, hair transplantation, dental treatments, eye surgeries, obesity surgery, IVF, and oncological treatments.

However, medical tourism is not just a “treatment + hotel + transfer” package. This process requires providing foreign patients with accurate information, directing them to authorized healthcare facilities, offering interpreter support, providing realistic pricing, obtaining informed consent, maintaining medical records, managing complications, conducting post-treatment follow-up, and evaluating any problems that arise after the patient returns to their home country.

Healthcare facilities and intermediary organizations operating in the field of international health tourism are required to obtain authorization certificates. According to the current regulation, authorization certificates for healthcare facilities are issued by the Ministry of Health, and those for intermediary organizations are issued by USHAŞ (National Health and Safety Agency). The Health Tourism Department of the Ministry of Health also announced that it updated the lists of authorized healthcare facilities on May 11, 2026.

Therefore, in cases of grievances experienced by foreign patients in Türkiye, one of the first things to investigate is whether the hospital, clinic, or intermediary organization providing the service possesses an international health tourism authorization certificate.

What difficulties might foreign patients experience in Türkiye?

The problems experienced by foreign patients within the scope of medical tourism can vary widely. One of the most common issues is that the treatment outcome differs from what was promised. Especially in cosmetic surgeries, claims such as "definite results," "no scarring," "perfect appearance in a single surgery," "guaranteed hair transplant," "Hollywood smile," and "lifetime implants" create high expectations in patients. However, post-operative deformities, asymmetry, infection, scarring, irregular appearance in hair transplants, incompatibility in dental prostheses, or the need for revision may occur.

Another common problem is misinformation or incomplete information. The patient may not have been clearly informed about the risks of treatment, alternatives, likelihood of success, recovery process, additional costs, possible complications, and the need for follow-up after return. The consent form may have been signed in Turkish even if the patient does not speak Turkish, no interpreter may have been provided, or the patient may not have been given explanations in a language they can understand.

Exorbitant fees and unfair billing are also very common in medical tourism cases. A package deal may have been agreed upon with the patient via WhatsApp; however, after arriving in Türkiye, additional fees may be requested for extra tests, surgeries, medications, private rooms, companions, intensive care, revisions, or under the guise of "complication fees.".

In addition, unauthorized intermediary agencies, fake doctor advertisements, unlicensed clinics, incomplete patient records, lack of post-operative follow-up, concealment of complications, unauthorized sharing of health data on social media, inability to contact the clinic after the patient returns to their country, and foreign patients' lack of knowledge of legal avenues are also significant areas of victimization.

Liability of Clinics or Intermediary Organizations Without Authorization Certificates

To engage in international health tourism activities, both the healthcare facility and the intermediary organization must obtain an authorization certificate. Conducting health tourism activities without an authorization certificate is a serious administrative violation. The regulation stipulates that the Ministry will suspend the international health tourism activities of those who do not obtain an authorization certificate.

Therefore, foreign patients must check whether the hospital or clinic has a health tourism license before treatment. If the treatment is organized through an intermediary agency, it should be investigated whether the agency is also authorized. If an unauthorized agency brings the patient to Türkiye, sells the treatment package, makes doctor or clinic referrals, and collects money, both administrative complaints, compensation claims, and, depending on the specific case, criminal law may arise.

If intermediary services are required, a protocol must be established between the healthcare facility and the international health tourism intermediary organization authorized by the Ministry. Furthermore, it is the responsibility of the international health tourism healthcare facility to provide not only healthcare services but also any other services the international health tourist may need from admission until discharge.

This arrangement is important for foreign patients. The clinic cannot absolve itself of responsibility in every situation by saying, "the agency handled the patient," "we didn't handle the transfer," or "the hotel wasn't our responsibility." If the health tourism package is offered within the organization of the clinic and the intermediary agency, the patient's treatment, transfer, interpreter, communication, and discharge process are evaluated together.

Informed Consent and Interpreter Issues

One of the most important legal issues for foreign patients is informed consent. If the patient signs without understanding the medical procedure, its risks, alternatives, and possible outcomes, the validity of the consent becomes questionable. For a patient who does not speak Turkish, simply having them sign a consent form in Turkish is insufficient. The patient must be informed in English, Arabic, Russian, French, German, or another language they can understand.

The Patient Rights Regulation stipulates that patients have the right to request verbal or written information about their health condition, the medical procedures to be performed, their benefits and potential drawbacks, alternative methods, the consequences of refusing treatment, and the course of their illness. The same Regulation covers all public and private institutions and organizations providing healthcare services.

Therefore, if a foreign patient is asked to sign the form on the morning of the surgery or after being given sedatives, without an interpreter being provided, this may give rise to legal liability. It should be emphasized that consent is not merely a signature, especially in cosmetic surgery, obesity surgery, dental implants, IVF, oncology treatment, and high-risk surgical procedures.

Informed consent should clearly state the following: the name of the procedure, its purpose, method, probability of success, risks, complications, alternatives, post-procedure care, possibility of revision, additional costs, what the patient should be aware of upon returning to their country, and who to contact in case of an emergency.

Misleading Advertising and Unrealistic Promises in Health Tourism

A significant portion of health tourism-related grievances arise from misleading advertising. Social media, websites, patient testimonials, influencer posts, before-and-after photos, and WhatsApp sales conversations directly influence the decisions of foreign patients.

If a clinic or intermediary organization promotes its services to a patient using phrases like "definite results," "guaranteed success," "no scarring," "zero risk," "solution in a single session," or "lifetime guarantee," these claims are significant in legal assessments. This is because foreign patients often come to Türkiye without personally seeing a doctor, relying solely on advertisements and sales representatives' statements.

In such files, WhatsApp conversations, emails, social media messages, website screenshots, advertising images, patient testimonials, price quotes, and treatment plans should be kept as evidence. If the treatment outcome is clearly different from what was promised, the clinic may not be able to escape responsibility simply by claiming "complications occurred.".

Especially in cosmetic surgeries, dental treatments, and hair transplants, the images presented to the patient are important. If a patient is presented with photos of other patients and told, "Your results will look like this too," this can be considered misleading advertising and inaccurate information.

Post-treatment complications and lack of follow-up

One of the most serious problems faced by foreign patients is the lack of post-treatment follow-up. The patient stays in Türkiye for a few days after the operation and then returns to their country. However, infections, bleeding, prosthesis displacement, wound dehiscence, implant loss, necrosis in hair transplantation, aesthetic deformities, leakage after gastric surgery, pain after dental treatment, or complications after IVF treatment may occur after they return to their country.

The clinic should provide the patient with a detailed follow-up plan upon discharge. The patient should be informed about all aspects of the process, including when to seek emergency medical attention, which medications to use, which actions to avoid, the procedure for suturing or dressing changes, when air travel is safe, how check-ups will be conducted, and what documents to present if they need to consult a doctor in their home country.

Lack of follow-up can lead to serious liability, especially in medical tourism cases. This is because foreign patients may not have easy physical access to clinics in Türkiye. If a clinic cuts off communication after performing surgery and sending the patient out of the country, fails to take complaints seriously, declares infection symptoms as "normal," or leaves the patient to face costly treatment in their own country, then liability for compensation arises.

Exorbitant Fees, Package Treatments, and Unfair Billing

Price discrepancies are very common in medical tourism. Foreign patients are given a specific package price before treatment. This package typically includes surgery, hotel, transfers, interpreter services, tests, medications, or follow-up appointments. However, the price may change or unexpected additional charges may arise after the patient arrives in Türkiye.

At this point, a written offer is crucial. It should clearly state what is included and what is excluded from the package price. For example, when referring to a "rhinoplasty package," does it include anesthesia, operating room fees, doctor's fees, hospital stay, medications, follow-up appointments, transfers, and hotel costs? Will there be a fee for revisions if necessary? Is treatment for complications included in the package? Will a refund be issued if the patient cancels?

Foreign patients receiving private healthcare services may also benefit from consumer law protection, depending on the specifics of the case. According to the Ministry of Trade's 2026 guidelines, consumer disputes valued at less than 186,000 TL can be filed with the Provincial or District Consumer Arbitration Boards. For disputes with higher values, consumer court proceedings and mandatory mediation may be considered.

Invoices, payment receipts, credit card slips, SWIFT statements, crypto payment records, WhatsApp price quotes, treatment contracts, and detailed service records must be kept. If a clinic does not issue an invoice or requests payment to a personal account, this also raises legal and tax concerns.

Foreign Patient's Right to Obtain Medical Records

Foreign patients have the right to request medical records related to the healthcare they received in Türkiye. These records are essential for continuing treatment in their home country, documenting complications, and filing legal action. Clinics or hospitals cannot refuse to provide records because the patient is a foreigner.

According to the Patient Rights Regulation, patients can review and obtain copies of files and records containing information about their health status, either directly or through their representative. This right also applies to foreign patients.

The main documents that a foreign patient should request are: examination records, treatment plan, surgical notes, anesthesia form, discharge summary, laboratory results, imaging records, pathology reports, information on implants/prostheses/materials used, prescriptions, consent forms, nurse observation records, invoice, payment documents, and discharge instructions.

If the clinic does not provide records, a written application should be submitted, and if necessary, the records should be requested through a notary public, registered electronic mail (KEP), email, complaint to the Provincial Health Directorate, and legal action.

Privacy of Health Data and Social Media Sharing

In the field of medical tourism, clinics frequently use photos and videos of foreign patients for advertising purposes. Patient images are often shared in "before-and-after" formats, particularly for hair transplants, dental aesthetics, rhinoplasty, obesity surgery, and other cosmetic procedures.

However, a patient's health data is considered special category personal data. The Regulation on Personal Health Data covers the activities of private and public legal entities processing personal health data in relation to the processes and practices of the Ministry of Health.

Even if a patient's face is covered, a personal data breach may have occurred if their identity can be determined through tattoos, voice, body type, date, type of treatment, country information, or the text of a shared message. A patient's mere consent to treatment does not automatically mean they consent to their photos and videos being shared for advertising purposes.

Therefore, sharing photographs, videos, patient testimonials, treatment results, or personal history of a foreign patient without their explicit consent may result in violations of the Turkish Personal Data Protection Law (KVKK), breaches of personal rights, and liability for damages.

Can the Intervening Agency and the Clinic be Held Jointly Responsible?

Yes, depending on the specific case, the intermediary agency and the clinic may be jointly responsible. In the medical tourism process, the intermediary agency often initiates the first contact with the patient, provides a price quote, selects a doctor or clinic, arranges hotel and transfers, provides an interpreter, and receives payment. Once the patient arrives in Türkiye, the clinic or hospital provides the healthcare services.

If the intermediary agency is unauthorized, provides false information, refers the patient to an unauthorized clinic, offers the patient an incorrect price, abandons the patient after a complication, or acts as if it is part of the healthcare service, then it becomes liable.

A clinic cannot escape responsibility by simply saying "the patient was brought by an agency." Especially if there is a protocol between the healthcare facility and the intermediary agency, or if the clinic regularly accepts patients through an intermediary agency, the roles of both parties in the patient's suffering should be examined together.

Compensation Lawsuit Against a Private Hospital or Clinic

If a foreign patient has suffered harm at a private hospital, private clinic, dental clinic, hair transplant center, aesthetic center, or private health institution, a compensation lawsuit may arise in the judicial system. The nature of the lawsuit varies depending on the specific circumstances. If there is a medical error, it is considered malpractice; if there is a guarantee of aesthetic results, it is considered a contract for services; if there is a dispute over fees and package services, it falls under consumer law; and if there is a breach of health data, the aspects of personal rights and the Personal Data Protection Law (KVKK) are considered together.

Possible damages include reimbursement of medical treatment costs, revision surgery expenses, treatment costs incurred in the home country, airfare, hotel and travel expenses, medication and care costs, loss of earning capacity, permanent disability, cosmetic damage, psychological harm, and compensation for non-pecuniary losses.

A foreign patient can file a lawsuit even if they have left Türkiye. They can authorize a lawyer in Türkiye to handle the process. This power of attorney can be drawn up through the Turkish consulate in the foreign country or through a notary in that country, and then used in Türkiye after undergoing apostille and translation procedures.

Health Tourism Victimization at State Hospital

If a foreign patient receives healthcare services at a public hospital or a public university hospital and suffers harm, the process is often evaluated within the scope of administrative law. Healthcare services in public hospitals are considered public services. If this service is poorly provided, delayed, or not provided at all, the administration may be held liable for negligence.

According to Article 13 of the Administrative Procedure Law, individuals whose rights have been violated by administrative actions must apply to the relevant administration for the restoration of their rights within one year from the date they learned of the action, and in any case within five years from the date of the action. If the request is rejected or no response is given within thirty days, a lawsuit may be filed within the statute of limitations.

Therefore, a foreign patient who has suffered harm in a public hospital should apply to the relevant administration before filing a lawsuit directly. The application should clearly state the incident, the damage, the compensation requested, and the evidence.

Can a criminal investigation be opened?

In some cases, victimization experienced within the scope of medical tourism may also be subject to criminal investigation. Cases such as unauthorized surgery, false doctor presentation, use of forged diplomas or documents, serious injury or death resulting from medical intervention, deception of the patient, taking money without providing services, organ trafficking, unlawful sharing of personal health data, or deliberate abandonment of a patient after surgery may lead to a complaint to the prosecutor's office.

If injury or death occurs as a result of medical intervention, the provisions regarding negligent injury or negligent homicide are discussed. However, special permits and professional liability processes regarding medical procedures and practices of healthcare professionals should also be taken into consideration.

A criminal investigation and a compensation lawsuit are not the same thing. A criminal case investigates the criminal responsibility of the perpetrator. A compensation lawsuit, on the other hand, aims to compensate the foreign patient for material and moral damages. However, expert reports, statements, and evidence obtained in the criminal case can be strong evidence in a compensation lawsuit.

What evidence should a foreign patient keep?

Gathering evidence is crucial in cases of health tourism-related fraud. Foreign patients should obtain as much documentation as possible before leaving Türkiye, as it can be difficult to retrieve documents from the clinic after returning to their home country.

The following evidence must be preserved: passport entry and exit records, airline tickets, hotel reservations, transfer documents, WhatsApp messages, email offers, social media messages, treatment contract, consent forms, invoice, payment receipts, surgical notes, discharge summary, prescriptions, photographs and videos, before and after images, reports obtained in the patient's home country after complications, opinions from other doctors, and revision costs.

If you encounter misleading advertisements or unauthorized photo sharing on social media, take a screenshot, save the link to the post, and, if possible, have it documented by a notary. Clinical correspondence should not be deleted and should be backed up even if you change your phone.

The Importance of Expert Examination

In medical tourism cases, expert reports often determine the outcome of the case. The expert assesses whether the procedure was performed in accordance with medical standards, whether the patient was given accurate information, whether the complication was unavoidable or the result of malpractice, why revision was needed, and whether there is a causal link between the harm and the procedure.

In aesthetic surgeries, plastic surgeons should be included in the expert panel; in rhinoplasty, ENT and plastic surgeons; in dental treatments, the relevant dental specialist; in hair transplantation, dermatology/plastic surgery; in obesity surgery, general surgery; in IVF, obstetrics and gynecology and embryology specialists; and in oncology cases, oncology/radiology/pathology specialists should be included.

Incomplete expert reports must be challenged. Especially in cases where the foreign patient does not speak Turkish, consent was not obtained in their native language, advertising promises were false, follow-up was insufficient, or the role of the intermediary organization was not evaluated, the expert report cannot be dismissed simply by stating it was a "complication.".

Practical Application Procedures for Foreign Patients

Foreign patients must first submit a written application to the clinic or hospital, requesting their medical records, invoices, treatment plan, and compensation for any damages incurred. This application can be made via email, notarized notice, registered electronic mail (KEP), or through a lawyer.

Secondly, complaints can be filed with the Provincial Health Directorate and the Ministry of Health. Administrative complaints are particularly important regarding health tourism activities without authorization certificates, unlicensed clinics, failure to provide patient records, misinformation, violations of patient rights, and intermediary activities that violate health tourism regulations.

Thirdly, consumer law avenues can be considered. For claims regarding refunds, package service disputes, defective services, and unfair billing, the Consumer Arbitration Board or Consumer Court may be considered, depending on the monetary limit. For disputes below 186,000 TL in 2026, the arbitration board route can be used.

Fourthly, a compensation claim can be filed. If there is bodily harm, cosmetic deformity, infection, malpractice, permanent disability, death, emotional distress, or high revision costs, the lawsuit should be prepared more comprehensively.

Conclusion: Rapid evidence gathering is vital in health tourism victimization cases

Foreign patients receiving services within the scope of health tourism in Türkiye benefit from patient rights according to Turkish law. Being a foreigner does not negate the patient's rights to informed consent, access to medical records, privacy, safe healthcare services, requesting invoices, filing complaints, and initiating legal proceedings.

Healthcare facilities and intermediary organizations engaging in health tourism activities are required to obtain authorization certificates. Unauthorized clinics or intermediary organizations may face serious legal consequences for foreign patients due to misleading advertising, consent obtained without an interpreter, false promises of success, lack of follow-up after complications, exorbitant fees, refusal to provide records, and breaches of health data.

Successful legal action in cases of foreign patient grievances is not based solely on claims of "dissatisfaction with treatment," but also requires correspondence, advertising promises, consent forms, medical records, payment documents, photographs, reports from other physicians, and expert examinations. Therefore, foreign patients should obtain all necessary documents before leaving Türkiye, report any complications that arise upon their return to their home country, and choose the appropriate legal course of action based on whether they received treatment at a private hospital, public hospital, intermediary agency, or unauthorized clinic.