Right to Compensation and Payments After Unsuccessful Cosmetic Procedure

Guide to Legal Liability, Refunds, and Non-Pecuniary Damages in Cases of Defective Cosmetic Surgery

Cosmetic procedures have increased significantly in recent years, both in Turkey and worldwide. Rhinoplasty (nose surgery), breast augmentation, liposuction, abdominoplasty (tummy tuck), facelift, eyelid surgery, and filler/Botox applications are among the most frequently performed procedures. However, the increase in cosmetic surgeries has also led to an increase in lawsuits for refunds and compensation following unsuccessful cosmetic procedures

So what constitutes a failed cosmetic procedure? Under what circumstances can a patient claim a refund? Is compensation for non-pecuniary and emotional distress possible? Under what conditions are doctors and hospitals held liable? In this comprehensive guide, we address all legal aspects of the right to compensation and payment following a failed cosmetic procedure.

1. What is a Failed Cosmetic Procedure?

Not every dissatisfaction arising after cosmetic surgery constitutes a "legal failure." A legally unsuccessful cosmetic procedure is defined as:

Practices that violate medical standards
Failure to achieve the outcome promised in the contract
Significant deformation occurs
Asymmetry or loss of function
Lack of informed consent
Failure to inform the patient of the risk of complications

This comes up in situations like these.

The important question is whether the intervention constitutes a defective service

2. The Legal Nature of Aesthetic Interventions

Cosmetic surgeries are generally treated as follows under Turkish law:

Agency agreement under the Turkish Code of Obligations
In some cases, a contract for work
It is also a consumer transaction

It is considered as such.

In the practice of the Supreme Court, cosmetic surgeries are often viewed as procedures involving a "guarantee of results." Therefore, physicians are considered obligated not only to exercise due diligence but also to strive to achieve a certain aesthetic outcome.

This approach plays a critical role in establishing the right to a refund and compensation following unsuccessful cosmetic procedures.

3. Aesthetic Procedures within the Scope of Consumer Law

A person undergoing cosmetic surgery is a consumer purchasing a service. Therefore, Law No. 6502 on Consumer Protection is applicable.

Consumer's optional rights in case of defective service:

Service revision
Free repair
Price reduction
Cancellation of contract (refund)

Requests for refunds following unsuccessful cosmetic procedures are generally based on the right to withdraw from the contract.

4. The Difference Between Complication and Medical Malpractice

The most crucial distinction in cases of failed cosmetic procedures is this:

Complication:

Medically accepted risk
It can happen even with all precautions
The patient must have been informed in advance

Faulty Intervention (Malpractice):

Wrong technique
Faulty planning
Unnecessary surgical procedure
Lack of sterilization
Inexperience

If the resulting issue is due to a defect and not a complication, you are entitled to a refund and compensation.

5. Lack of Informed Consent

Before any cosmetic procedure, the patient is told:

Risks of the operation
Possible complications
Success rate
Alternative methods
Possibility of permanent scarring

It should be explained in detail.

If informed consent has not been obtained, the intervention becomes unlawful.

In this case, the patient:

Refund
Monetary compensation
Moral compensation

can request.

6. Right to a Refund After an Unsuccessful Cosmetic Procedure

A refund is possible in the following cases:

Failure to achieve the promised aesthetic result
Obvious deformation occurs
The surgery was performed technically incorrectly
Breach of contract
Incomplete processing
Unnecessary additional processing is applied

The patient can withdraw from the contract and request a full refund.

7. Right to Monetary Compensation

Financial losses resulting from unsuccessful cosmetic procedures may include the following:

Operation fee
Costs of revision surgery
Drug expenses
workforce loss
Travel and accommodation expenses

These costs may also be claimed, especially if a second surgery becomes necessary.

8. Right to Non-Pecuniary Damages

Since cosmetic procedures generally affect facial and body appearance, unsuccessful results can have a significant psychological impact.

Claims for moral damages come into play in the following situations:

Permanent scarring
Facial asymmetry
Difficulty in social life
Psychological trauma
Loss of self-confidence

The court may award compensation for non-pecuniary damages based on the injured party's age, social status, and degree of fault.

9. Responsibility of Private Hospitals and Physicians

Following an unsuccessful cosmetic procedure, a lawsuit can be filed not only against the doctor but also against the hospital.

Private hospitals:

He is responsible for the actions of his employees
The organization is responsible for the failure
They have auditing responsibilities

Therefore, both the physician and the hospital can be held jointly responsible.

10. Social Security Institution (SGK) and Aesthetic Procedures

The Social Security Institution (SGK) does not cover cosmetic procedures as a rule.

However:

Post-traumatic deformation
Congenital anomalies
Loss of function

Payment can be made if available.

Even in transactions not covered by the Social Security Institution (SGK), unlawful collection of payments is prohibited.

11. How Does the Litigation Process Work?

1. Notary Notice

First, a written application is submitted to the hospital.

2. Mandatory Mediation

Pre-litigation mediation is mandatory in consumer disputes.

3. Consumer Court Case

If an agreement cannot be reached, a lawsuit will be filed.

The court generally:

Expert examination
Report from the university hospital
Forensic medical opinion

He takes it.

12. Means of Proof

In cases of failed cosmetic procedures, evidence is crucial:

Before and after photos
Surgical notes
Epicrisis reports
Witness statements
Expert opinions
Advertising content

Social media advertisements, in particular, can be important evidence.

13. Statute of Limitations

Generally:

2 years for consumer transactions
In tort cases, 2 years from the date the damage is learned
Probably 10 years

The time period may be assessed differently if there is gross negligence or concealment.

14. Revision Surgery Proposal

The hospital may offer free treatment.

However, the patient:

If there is a loss of trust
If he/she doesn't want to have surgery again by the same doctor

He can reject this offer.

Courts may consider the breakdown of trust as a justifiable reason for a ruling.

15. Criminal Liability

If there is a gross defect:

Injury due to negligence
Conscious negligence

Their crimes may come to light.

Criminal cases are independent of civil cases.

16. Frequently Asked Questions

I'm not satisfied with my cosmetic surgery; can I get a refund?

Yes, if there is defective service or a fault.

I experienced complications, can I get compensation?

It is difficult if the complication has been reported beforehand; it is possible if there is a defect.

How is compensation for moral damages determined?

Depending on the severity of the damage and the degree of fault.

17. Conclusion: Know Your Rights After Unsuccessful Cosmetic Procedures

Claims and compensation for unsuccessful cosmetic procedures are possible under Turkish law. Specifically:

Defective service
Faulty implementation
Lack of informed consent
Breach of contract

in sick conditions:

Refund
Monetary compensation
Moral compensation
Revision cost