Understanding Rhinoplasty Malpractice in Turkish Law: Rights and Responsibilities

Medical Error After Rhinoplasty and Legal Remedies in Turkish Law: A Patient-Centered Guide from MedLexin Law Firm

Introduction: The Rise of Aesthetic Surgeries and Legal Disputes

Rhinoplasty, commonly known as a nose job, is not merely a medical procedure—it has become an important process that impacts individuals’ psychological and social well-being. However, complications and medical errors following cosmetic procedures often lead to significant patient suffering and an increase in legal claims for compensation.

At MedLexin Law Firm, with our established expertise in health law and medical malpractice, we aim in this article to clarify how patients can protect their rights after a botched rhinoplasty procedure. We will explain how Turkish law handles medical errors, the responsibilities of hospitals and doctors, and how the compensation process works. As a firm deeply rooted in malpractice litigation, MedLexin also outlines the legal path we follow and the strategic guidance we provide to our clients.

What Is Medical Malpractice?

Medical malpractice occurs when a physician or healthcare provider breaches their duty of care, resulting in harm to the patient. Under Turkish law, malpractice is assessed through concepts such as negligence and failure to meet professional standards of care.
In rhinoplasty cases, this may involve deformation, breathing difficulties, asymmetry, infections, scarring, or unsatisfactory cosmetic outcomes.

Legal Responsibility of Physicians and Hospitals in Rhinoplasty

1. Physician’s Liability

Doctors are under a legal duty to inform the patient, exercise due care, and avoid causing harm. Although cosmetic surgeries typically fall under “best-effort obligations” rather than “result-based obligations,” the doctor may still be held liable in cases of improper execution, failure to inform the patient of risks, or deviations from the agreed procedure.

Especially in cases where the outcome deviates significantly from what was promised, or where the patient experiences permanent damage or a loss of quality of life, the physician may face legal consequences.

2. Hospital’s Liability

Hospitals may be held liable for the actions of their employees under the principle of service fault. They are also responsible for organizational negligence, such as failing to maintain a sterile environment, errors in planning the surgery, or issues with record-keeping.

Private hospitals in Turkey are also subject to consumer protection laws, and legal claims may be brought before consumer courts.

What Are the Patient’s Compensation Rights?

A patient suffering harm due to a medical error is entitled to both pecuniary and non-pecuniary damages.

• Pecuniary damages may include costs for corrective surgeries, treatment expenses, and loss of income.

• Non-pecuniary damages cover emotional suffering, loss of self-esteem, and the psychological impact of disfigurement or physical dysfunction.

How Can a Patient Seek Compensation?

A. Filing a Lawsuit with Expert Medical Support

The patient must prove that the treatment was faulty. This requires detailed reports from expert physicians, the Forensic Medicine Institute, or the Ministry of Health’s inspection authorities.

Depending on the nature of the claim, the lawsuit may be filed in Civil Courts or Consumer Courts (for private hospitals).

B. Criminal Liability

In serious cases involving death or significant injury, criminal charges such as reckless injury or manslaughter may be brought against the physician.

C. Administrative Liability (For Public Hospitals)

If the malpractice occurred in a public hospital, a preliminary application to the relevant administrative authority is required. If compensation is denied, a full remedy lawsuit may be filed in Administrative Courts.

Our Legal Approach at MedLexin Law Firm

At MedLexin, we pursue a meticulous legal process to protect our clients’ rights:

1. Preliminary Evaluation

• We conduct a detailed interview with the client about the operation and its consequences.

• Medical reports, pre- and post-operative photographs, and medical records are collected and reviewed.

2. Medical Expert Consultation

• We consult with independent plastic surgery experts to assess the presence of malpractice.

• We prepare expert witness requests and medical evaluations.

3. Legal Strategy

• We determine the most appropriate court and type of legal action (civil, criminal, or administrative).

• We formulate detailed claims for pecuniary and non-pecuniary damages.

4. Psychological Support and Legal Representation

• In cases of severe psychological trauma, we refer clients to professional support services.

• We represent our clients throughout the litigation and keep them informed at every stage.

MedLexin’s Recommendations to Patients

• Be selective when choosing your surgeon and hospital: Base your decision not only on cost but on qualifications, references, and patient testimonials.

• Read the informed consent form carefully: Make sure all planned procedures and associated risks are clearly stated.

• Take action if you suspect malpractice: Speak with your doctor first. If the issue remains unresolved, seek legal support.

• Gather all relevant documents: Medical reports, prescriptions, before-and-after photos, and communication records are all valuable evidence in court.

Conclusion: You Deserve to Be Heard—Malpractice Is Not Your Destiny

Cosmetic surgery is not merely about physical change; it is a matter of human dignity. When errors in surgery result in disfigurement, psychological trauma, or loss of function, the legal system offers a path to justice.

At MedLexin Law Firm, we are committed to protecting patient rights through a strategic, ethical, and compassionate legal approach.
To all patients: a failed operation does not define your future. Knowing your rights and acting on them is your greatest strength—and MedLexin is always here to support you.