Legal liabilities of plastic reconstructive and cosmetic surgeons

Nowadays, the developments in the field of medicine have made it possible to operate the plastic reconstructive and cosmetic surgeries much easier, and since these operations are now simpler and more accessible, people have applied to this field more excessively. Thus, the plastic reconstructive and cosmetic surgeries have become as a field of medicine that is used and followed by every person. Cosmetic purposes demands have induced medical doctors to compete each other in this field, and so to say that there has been a significant market in this field. Therefore, even it is contrary to the legislation, a serious number of advertisements have been making in visual and written media and social media. On the other hand, the increase in the number of plastic reconstructive and cosmetic surgeries has increased also the number of medical errors and malpractices at the same time. In order to compensate the people suffering damages of such errors, special legal basis and regulations should be implemented. However, there is no normative regulation directly related to this field under existing legislation, and therefore, to the extent possible, the special provisions of service, agency and work agreements under the Turkish Law of Obligations have been applied to this field. Different opinions have risen in doctrine and practice in connection with the applicability of the special provisions of the Turkish Law of Obligations to the disputes arising from the plastic reconstructive and cosmetic operations, and still, this subject is not clear. In this study, the types and characteristics of the agreements between the patients and plastic reconstructive and cosmetic surgeons, and defective medical interventions and the indemnity liabilities of the parties in case of such medical interventions are examined with respect to the legislation, the doctrine and the applications of the higher jurisdiction.