Compensation rights of foreign patients who have undergone cosmetic procedures in Türkiye: competent court, applicable law, jurisdiction, evidence, and international liability regime.

Health Tourism and the Rights of Foreign Patients

Foreigners Who Undergo Cosmetic Procedures in Türkiye: Compensation Rights and International Liability

Turkey has become a strong attraction center in the field of "health tourism" in recent years, especially for aesthetic surgery, dental treatments, hair transplantation, eye operations, and orthopedic procedures. However, this growth has also created a very clear need: the education of foreign patients, the establishment of safe service standards, and the effective operation of compensation mechanisms for faulty/incomplete practices.

In this article, I will discuss, within a practical framework , the legal grounds on which a foreign patient who has undergone cosmetic procedures in Turkey can claim compensation , against whom and in which court the lawsuit should be filed, the applicable law and jurisdiction (with its international dimension), the evidence strategy , and the corporate responsibility chain in health tourism.

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1) Health tourism is no longer just a matter of clinics: Regulations and system infrastructure

Medical tourism activities in Turkey are not limited solely to the doctor-patient relationship; they encompass an administrative and legal ecosystem including healthcare facilities , intermediary organizations , organizational structures , promotion/promises , data processing , and complaint management

One of the main pillars of this ecosystem the Regulation on International Health Tourism and Tourist Health. With the amendment dated April 26, 2025, the previous regulation was repealed, and the authorization/supervision/organization processes in health tourism activities were restructured.

The key practical outcome of this regulation is that
healthcare facilities and intermediary organizations providing services to foreign patients are expected to integrate into specific systems and operate processes such as record keeping, traceability, and complaint management. In the field of health tourism, "authorization certificates" and system records become crucial in future disputes, not only administratively but also proof and liability . (Membership in the HealthTürkiye portal and its processes are particularly important in practice.)

There are also specific rules regarding the promotion and information activities of healthcare services. Advertisements/before-and-after images/guarantees/claims of "guaranteed results" can lead to both administrative sanctions and private law liability.

Conclusion: When a foreign patient suffers harm, the dispute is often not "solely due to medical malpractice"; most cases an institutional chain of command , and if this chain is properly established, collecting compensation becomes significantly easier.

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2) What fundamental rights do foreign patients have in Türkiye?

Foreign patients receiving healthcare in Türkiye enjoy fundamental patient rights as "patients." Patient rights legislation defines core rights such as the right to information, consent, privacy, safe service, and the right to appeal, complain, and sue.

Three rights that are particularly critical in cosmetic procedures:

(i) Informed consent (notification and consent)

Because aesthetic procedures are processes with high "outcome expectations," violations of the duty to inform are common. The risk with foreign patients is this: the language barrier, a consent form is signed, but it is not clear what is actually being consented to.

Therefore, in practice, the following documents are vital:

• Consent form (in the patient's language or with a reliable translation)

• List of risks and complications

• The scope of the process, the technical method, and the possibility of revision

• Alternative treatment options

• Recovery time and outcomes considered “normal/usual”

Consent must be obtained through mutual understanding , not merely "on paper" ; otherwise, the responsibility increases.

(ii) Accurate information – prohibition of misleading promises

Exaggerated marketing language is very common in fields such as hair transplantation and cosmetic surgery. Claims like "100% results," "no scarring," "painless," and "permanent solution in a single session" defective service, breach of contract, or tort .

(iii) Right to appeal, complain, and sue

Foreign patients can pursue legal action/complaints/lawsuits in Türkiye in cases of rights violations. This right is explicitly recognized in patient rights regulations.

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3) Against whom can a foreigner who has undergone cosmetic surgery in Türkiye claim compensation?

In health tourism, the compensation strategy should be based not on a "single party responsible" approach, but a map of responsibilities . Typical parties are:

A) Physician

Physicians are obligated to act in accordance with medical standards and with due diligence. In aesthetic procedures, errors in application, incorrect indications, incorrect technique, inadequate follow-up, and negligence in the management of complications directly result in physician liability.

B) Private hospital/clinic (healthcare facility)

In most disputes, this is where the real liability lies. The hospital/clinic may be held liable for institutional negligence in areas such as organization, staff selection, sterilization, equipment, post-operative follow-up system, and record keeping

C) Intermediary organization / health tourism agency / organizer

Foreign patients often come to the clinic not directly, but through an intermediary agency. The package is sold as a coordination of transfer, hotel, interpreter, and hospital. In this model, the intermediary agency:

• Misleading promises,

• His misleading information,

• Failure to provide the service promised in the contract,

• Liability may arise for reasons such as failing to operate a complaint management system . The role of intermediary organizations in health tourism management is also regulated separately
  

D) Marketing agency / organization that sells through social media

In practice, attempts are made to evade responsibility by claiming "it has nothing to do with the clinic." However, if the promise-sales-guidance chain is well-documented, the responsibility of these entities can also be questioned (at least in the context of tort/deceptive statements).

Practical advice: When deciding against whom to file a lawsuit, focus not only on "who made the mistake?" but also on " who is collectible and who is in the chain of command?"

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4) Competent court and judicial procedure: Not all health cases are heard in the same place

4.1. The private hospital/private clinic – consumer court axis

In Turkey, there are numerous case law in the Supreme Court rulings concerning disputes arising from diagnostic and treatment services provided by private hospitals, where the patient is considered a "consumer" and consumer courts are deemed competent to handle the matter.

This approach is even more dominant in the context of aesthetic procedures, as aesthetic interventions are often treated as consumer transactions in the nature of "services." This approach allows for the resolution of disputes through consumer law instruments (defective service, alternative rights, interpretation in favor of the consumer, etc.).

Note: Jurisdiction disputes may arise depending on the nature of the case. Therefore, it is necessary to manage the "risk of jurisdictional disputes" from the outset in the litigation strategy.

4.2. Public hospital/university hospital – administrative judiciary axis

If the service is provided by a public institution, the dispute often ends up in administrative courts as a "full judicial review case." This distinction remains the same for foreign patients. (I am not going into detail here as the focus is on health tourism/private sector; this should be evaluated separately according to the specific case.)

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5) International dimension: The issue of applicable law and jurisdiction (Private International Law Act)

Two critical questions arise from foreign patient files:

1. Which country's laws will apply?

2. Which country's court has jurisdiction?

In Turkey, these questions Law No. 5718 on Private International Law and Procedural Law (MÖHUK) .

5.1. International jurisdiction of Turkish courts

The Turkish Code of Private International Law generally accepts that the international jurisdiction of Turkish courts is determined according to the rules of territorial jurisdiction in domestic law.

What does this mean?
If a foreign patient is going to file a lawsuit in Turkey, in most scenarios, domestic legal jurisdiction rules such as "place where the service was performed," "place of residence of the defendant," and "special powers in favor of the consumer" will also be reflected in international jurisdiction.

5.2. Jurisdiction Agreement (clause in the contract stating "the court of this country has jurisdiction")

In health tourism contracts, we frequently see clauses such as "Councils of country X have jurisdiction" or "arbitration." Article 47 of the Private International Law Act allows for jurisdiction agreements under certain conditions in debt relationships involving a foreign element.

However, in consumer-related relationships, the jurisdiction and applicable law clauses the detriment of the consumer . Therefore, simply stating "court outside of Turkey" in the contract does not automatically mean every case will be sent outside of Turkey; the content of the clauses, consumer protection, and the specific circumstances of the case are evaluated together.

5.3. Applicable law: Contract or tort?

• If the relationship is established on the basis of a "service contract / consumer contract," then the provisions of the Private International Law Act concerning contracts come into play.

• If the event is classified as a "tort," various connecting factors become important (such as the location where the act was committed or where the damage occurred).

• In practice, most medical tourism cases involve both breach of contract and tort claims. This allows for a broad range of claims

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6) Compensation items for foreign patients: What can they claim?

In disputes over aesthetic procedures, compensation is often more than just a "refund." The main components are:

A) Monetary compensation

• The cost of the operation/treatment (in full or proportional to the defect)

• Revision surgery costs

• Medication, check-up, dressing, and care expenses

• Additional accommodation/additional flight expenses

• Loss of income due to inability to work (especially if there is strong evidence of loss of earning capacity)

• Future economic losses if there is permanent scarring/disfigurement

B) Non-pecuniary damages

In cosmetic procedures, changes in appearance, loss of self-confidence, impact on social life, and violation of privacy form the basis for claims for moral damages.

C) Psychological harm and trauma

Conditions such as depression, anxiety, social phobia, and post-traumatic stress disorder, when supported by psychiatric reports and regular treatment records, can significantly impact compensation calculations (particularly increasing the weight of non-pecuniary damages).

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7) Statute of Limitations: The most frequently missed area in foreign patient files

In cases of malpractice/defective service claims, the statute of limitations is not calculated based on a single provision; it varies according to the legal nature of the case.

• In claims based on torts, Article 72 of the Turkish Code of Obligations states: 2 years from the date of learning of the damage and the responsible party; in any case, 10 years from the date of the act.

• In contract-based claims, the general rule is Article 146 of the Turkish Code of Obligations: unless otherwise stipulated, 10 years.

In medical tourism cases, the "date of learning" is often controversial: complications develop after the patient returns from their home country, another doctor says "it was done incorrectly," a report is obtained... Therefore, the chronology of medical records and the moment of "first learning" must be accurately constructed.

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8) Evidence strategy: How does a foreign patient win a case?

These files are won with documents , not with "emotions ." The strongest evidence in health tourism:

1. Medical records: discharge summary, surgical notes, nurse observation forms, laboratory results, imaging.

2. Before and after photos/videos (with date information).

3. Correspondence: WhatsApp/Instagram/Email conversations, promised results.

4. Billing and payment records: package cost, additional charges, card statement.

5. Translator/guide record: who translated, what was said, how was consent obtained?

6. Expert opinion and specialist testimony: In Turkey, most cases are shaped by expert reports.

7. Advertising/promotional content: website, social media posts, "guarantee" statements (which can also be effective in terms of advertising regulations).

Special note: It is a common mistake for foreign patients to be hesitant to request medical records. However, proving malpractice becomes much more difficult without medical records.

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9) Special issue that a foreign patient may encounter when filing a lawsuit in Türkiye: Security deposit (cautio judicatum solvi)

According to Article 48 of the Turkish Private International Law Act, a security deposit may be required from a foreign natural/legal person filing a lawsuit in a Turkish court to cover litigation costs and potential damages to the opposing party; exemption may be granted if reciprocity exists. This framework is clearly outlined in the Ministry of Justice's notifications.

This doesn't mean the foreign patient "cannot sue"; however, financial planning and case management purposes.

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10) The reality of "insurance" in health tourism: Why is it important in terms of collection potential?

The coverage limits for mandatory financial liability insurance related to medical malpractice were updated in 2025. Official regulations state that the total compensation payable under the contract cannot exceed 9,000,000 TL , and per-incident limits are determined according to risk groups.

This information is critical for two reasons:

1. Collection strategy: Instead of just suing the physician, it is often more appropriate to include corporate liability as well.

2. Settlement negotiations: Insurance coverage can expedite the process at the negotiating table.

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11) Frequently Asked Questions

"I am a foreigner, can I file a lawsuit in Türkiye?"

Yes. A foreign patient can file a lawsuit in Türkiye for services received in Türkiye. However, procedural issues such as security deposits may arise.

"The clinic stated in the contract that 'foreign courts have jurisdiction.' Can I still file a lawsuit in Türkiye?"

It depends on the specific case. Jurisdiction agreements are evaluated within the scope of Article 47 of the Private International Law Act; the consumer aspect and the public order dimension are considered separately.

"Which court is handling the cosmetic surgery case?"

In practice, consumer courts may be deemed competent to handle many cases originating from private hospitals/private clinics.

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12) Conclusion: The key to compensation in health tourism is a sound legal framework + strong evidence

In Türkiye, the compensation rights of foreign patients who undergo cosmetic procedures can be effectively protected if properly structured. The cornerstones of this protection are as follows:

• Correctly characterizing the dispute within the framework of consumer/contract/tort ,

• the responsible parties to a single person, it's about establishing a chain of command.

• Correctly calculating the statute of limitations,

• Strengthening the evidence with medical records and correspondence ,

• Planning outright about issues such as international jurisdiction/applicable law and guarantees.

This content is for general informational purposes only; it does not constitute a definitive legal opinion without reviewing the relevant documents and country connections.