CANER LAW FIRM

Medical Malpractice & Healthcare Law

Türkiye is among the world’s leading destinations for medical tourism. Every year, tens of thousands of patients travel to Türkiye for medical or aesthetic treatment, cosmetic surgery, hair transplants, dental work, bariatric procedures and more. In most cases everything goes well. But when a treatment error occurs, or the promised result fails to materialise, the patient is left asking: do I have a right to compensation, and how do I pursue it from abroad?

Under Turkish law, in many cases the answer is yes. As a German- and English-speaking law firm in İzmir, we have represented international clients in medical-malpractice and compensation proceedings in Türkiye since 1992. Below we answer the questions patients most often ask us after a procedure has gone wrong.

What can you claim after a treatment error in Türkiye?

Where a treatment error or a failed aesthetic procedure is established, the following, among others, may be claimed:

My cosmetic surgery in Türkiye went wrong, can I claim compensation?

Yes. A claim for aesthetic surgery does not always require a classic treatment error. Procedures carried out purely for aesthetic purposes often owe a specific result under Turkish law. Where marked asymmetry, deformity or an outcome significantly different from what was agreed occurs, the doctor, hospital or clinic may be liable, even if the operation was performed “according to medical rules.”

I signed a consent form before the operation. Can I still sue?

Yes. Signing pages of paperwork does not automatically remove liability. What matters is not your signature but whether the material risks were explained to you beforehand in an understandable way. Ask yourself: “Would I have gone ahead had I known this risk?” If the answer is no, the adequacy of the consent must be examined. A negligent or faulty performance by the doctor is never “accepted” in advance.

The doctor or clinic says “it’s a complication.” Does that mean I have no claim?

Not necessarily. Labelling an outcome a “complication” does not automatically release the doctor, hospital or clinic from liability. It must be examined whether you were warned of that risk beforehand, and whether the complication was recognised and managed correctly once it arose. A complication that is spotted late or treated inadequately can still give rise to liability. The word “complication” is often the start of the review, not its end.

Hair transplant in Türkiye failed, what can you do?

If the transplanted hair does not grow, an unnatural hairline is created, or the donor area is permanently damaged or scarred, compensation may be available. As a hair transplant serves aesthetic purposes, what result you were promised is especially important. Who actually performed the procedure also matters: if steps were carried out by non-doctors rather than the surgeon, this is assessed separately. Advertising, promised graft numbers, photos and WhatsApp chats are key evidence.

Dental treatment or implants in Türkiye faulty, who is liable?

If implant, crown or veneer work carried out in Türkiye must be redone in your home country, the cost of the corrective treatment, and the sums already paid in Türkiye, may be recovered from the party responsible. The defence “your body rejected the implant” is not enough: pre-treatment examinations, bone structure, positioning, materials and aftercare must all be assessed. Your home-country dentist’s report is important evidence.

Complications after a gastric sleeve (Schlauchmagen) operation in Türkiye

A leak or serious infection after a gastric sleeve operation may be a known risk, but that does not rule out liability. What matters is whether the operation met medical standards, and whether the complication was recognised and treated in time. A complication that was initially unavoidable can develop into a far more serious injury through late diagnosis or inadequate treatment, and that can give rise to liability.

Rhinoplasty with breathing problems or breast surgery with asymmetry, is there a claim?

Yes, this is possible. Where a rhinoplasty causes lasting breathing difficulties, or a breast operation results in asymmetry or a displaced implant, there may be functional harm in addition to the aesthetic harm. If you could breathe normally before the procedure and suffer permanently afterwards, the loss of function is assessed separately. Revision costs, temporary or permanent loss of earning capacity and pain-and-suffering may all form part of the claim.

I need corrective surgery at home, must the revision take place in Türkiye?

No. The fact that the first operation took place in Türkiye does not oblige you to have the revision there or with the same doctor. After a failed procedure, a loss of trust is understandable. Where the revision is medically necessary, the reasonable treatment costs incurred in your home country may also be claimed. You are not required to accept the offer “we’ll correct it free of charge, just come back.”

What evidence do I need? (medical records, WhatsApp, photos)

Key evidence includes the operative report, discharge summary, imaging, anaesthesia and consent records, and before-and-after photos. Especially in aesthetic cases, WhatsApp and email correspondence, Instagram promises, sample photos and payment receipts are often decisive in showing what result you were promised. Do not delete these messages, and keep everything with dates.

The doctor or clinic won’t release my medical records. What can I do?

Lack of access to your records is not an insurmountable obstacle. As these are specially protected data, a special power of attorney is required, which our firm takes into account. The key is to secure evidence as early as possible. Your own photos, chats, payment receipts and the records of any treatment continued at home also contribute significantly to establishing the facts.

Do I need to travel to Türkiye for the case?

In most cases, no. Once you grant a power of attorney, we conduct the proceedings on your behalf and represent you at hearings. Exceptions are possible, for example, where the court orders a medical examination by the Council of Forensic Medicine (Adli Tıp) in personal-injury cases. If your personal attendance is exceptionally required, we tell you in advance and arrange travel only for the date that genuinely needs it.

How do I grant a power of attorney from abroad?

You can grant a power of attorney without travelling to Türkiye. Turkish citizens and Blue Card holders can do so at a Turkish consulate abroad; others through a notary in their country of residence. As the content varies by case and some actions require a special power, we send you a draft tailored to your file beforehand and explain each step.

Will my legal-expenses insurance cover the costs in Türkiye?

In most cases this is possible, but your policy and the scope of the dispute must be reviewed. Firm founder Mustafa Ülkü Caner has handled German-Turkish disputes for over 30 years and has extensive experience with German legal-expenses insurers. Simply tell us at the first consultation that you are insured, and we will guide you through the coverage request.

Can I claim my loss in euros?

Yes. Bringing a claim in Türkiye does not mean you must claim in Turkish lira. Under the “actual loss” principle recognised by the Turkish Court of Cassation (Yargıtay), the aim is to compensate your real economic loss, including loss of earnings and treatment or care costs incurred in euros. What matters is proving the loss correctly.

Time limits: how quickly must I act?

The limitation and cut-off periods in medical disputes can differ depending on the legal nature of the case. Some injuries only appear weeks after returning home, the passage of time does not automatically bar your claim, provided the causal link to the treatment in Türkiye is established. Even so, have your file assessed without delay once the damage is identified.

Loss of earnings, permanent harm and pain-and-suffering

Even someone who can keep working may have a claim. Where scars, deformities or loss of function remain after a faulty procedure, their effect on the person’s life and working capacity is assessed separately, even if income stays the same. Your loss of earnings in your home country and future economic losses form part of the claim. Where psychological treatment was needed, those costs and the suffering endured can also be reflected in the pain-and-suffering award.

Is the first consultation chargeable?

The first conversation with our firm and the preliminary review of your documents are without obligation. We listen to your case, assess your documents and explain the legal routes available in Türkiye. If we decide together to take on your file, we set out the process, the required power of attorney and any possible costs clearly, in advance.

Every case is different. Whether, and in what amount, a compensation claim exists can only be assessed after reviewing your specific documents. You will find further answers in our FAQ; for the calculation of permanent physical injury, see our Personal Injury Claims page. Tell us about your case via our contact page, WhatsApp is welcome too.