Proving Victimization of Cosmetic Surgery and Claiming Compensation

In cosmetic surgery, the relationship established between the cosmetic surgeon and the patient is considered a Contract for Services. Therefore, in disputes arising from such procedures, the provisions of the Turkish Code of Obligations are applied as the primary basis for resolution.

Compensation Lawsuit

As the prevalence of cosmetic surgery increases, so does the frequency of encountering potential problems. In cases of problems arising from cosmetic surgery, the surgeon's liability is based on a breach of contract and negligent conduct, ultimately resulting in harm to the patient. Of course, a causal relationship must be established between the actions and the resulting harm. Patients who are victims of cosmetic surgery can file a compensation lawsuit for these situations. Therefore, compensation arises in cosmetic surgery lawsuits are as follows:

• A lawsuit for material and moral damages if the operation results in death
• A lawsuit for material and moral damages due to the physical harm suffered
• Compensation for starting treatment and performing surgery without informing the individual undergoing cosmetic surgery and their relatives and without obtaining their consent
• Compensation for loss of medical documents due to hospital negligence
• Compensation for breach of confidentiality by the surgeon or institution
• Compensation for excessive and unnecessary spending

Proving Harm Experienced After Cosmetic Surgery

Individuals undergoing cosmetic surgery may face the possibility of limb or organ loss, or even death, after the operation. In such cases, the individual can prove the loss or injury of an organ with a technical report. However, the severity of the harm is not the same for every victim. The same outcome can vary from person to person. The victim can prove their suffering with invoices for payments made, photographs, and documents from their workplace showing that they were unable to continue their work and suffered a loss of income.

For more information and support on this matter, you can consult with our firm's experienced lawyers.