Responsibility for Side Effects and Complications in Aesthetic Surgery

Since plastic surgery aims for "visual improvement" rather than "healing purpose", it is subject to special rules in terms of physician liability. The Supreme Court evaluates the physician in plastic surgery with responsibility approaching the "promise of results" limit.

Legal Framework

• Law No. 1219 on the Proper Performance of Medicine and Medical Arts.
• Patient Rights Regulation.
• TBK art.49-56, TBK art.502 (power of attorney).
• TCK Article 85-89 (negligent wounding/killing).

Informed Consent

Informed consent in plastic surgery should be specific and detailed:

• All stages of the process.
• Possible side effects and complications.
• Visualization of the expected result with photographs.
• Alternative treatment methods.
• Status if no action is taken.

Distinction between "Side Effects" and "Complications"

• Side effect: Medically foreseeable risks communicated to the patient.
• Complication: Unforeseen consequences or results due to physician error.
• Side effects — physician liability is weak if consent is obtained
• Complication — malpractice if there is physician error.

The "Promise of Results" Problem

In plastic surgery, if the physician shares before and after photos showing "how good it will be", a relationship shifting from a power of attorney contract to a work contract may emerge. In this case, the Supreme Court considers the physician to be closer to "result responsibility"

Supreme Court 13. HD and HGK — Established Approach

13. HD and HGK require informed consent in plastic surgery to be concrete and detailed; "Signed" is insufficient; document levels (interview, brochure, video) showing that the patient actually understands the patient are sought. Advertisement/website content that promises results increases the physician's responsibility.

Compensation Items

• Refund of the transaction fee.
• Correction operation cost.
• Treatment expenses.
• Temporary disability.
• Permanent disability (face, body damage).
• Pecuniary damage.

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