Compensation Lawsuit Due to Malpractice – Legal Liability Under Works Contracts 2026

Surgical interventions are a critical part of medical treatment processes. However, certain medical procedures, especially surgeries with aesthetic purposes, do not merely establish a treatment relationship between the patient and the physician; they also create an expectation regarding the outcome to be delivered. In such interventions, the relationship between the parties is evaluated subject to the provisions of a works contract rather than a proxy contract (contract of agency). In this case, the legal review focuses not only on whether the physician fulfilled their duty of care, but also on whether they achieved the promised outcome. Surgeries resulting in defects constitute defective performance of the work in this context and may be subject to a compensation claim by the patient.

The crucial point here is that the unsuccessful outcome of a surgical intervention alone does not give rise to legal liability. Medical interventions inherently involve certain risks, and not every complication can be deemed medical malpractice. However, if a procedure is performed contrary to medical standards, the duty of due diligence and care is violated, or the patient's informed consent is not obtained in due form, the physician's legal liability comes into question.

In aesthetic surgeries evaluated within the scope of a work contract (eser sözleşmesi), it is not sufficient for the physician merely to perform the intervention; the physician is also expected to achieve a result consistent with the subject matter of the contract. If this result cannot be achieved and the resulting condition is beyond medically acceptable limits, defective performance of the work (ayıplı ifa) arises, which may give rise to the right to compensation in favor of the patient.

In compensation lawsuits to be filed due to malpractice or botched surgery, pecuniary and non-pecuniary damages are determined based on the specific circumstances of the case. While pecuniary damages include revision surgery expenses, treatment costs, and loss of earning capacity, non-pecuniary damages are based on the emotional distress, aesthetic loss, and decrease in the quality of life experienced by the individual.

The most critical element in such lawsuits is establishing through scientific evidence whether the medical intervention was faulty and whether there is a causal link (illiyet bağı) between the damage and the intervention. Therefore, expert witness examinations and medical reports play a decisive role in the litigation process.

In conclusion, disputes arising from flawed aesthetic or surgical interventions are complex disputes requiring not only medical but also specialized legal knowledge. Therefore, obtaining legal support from the very beginning of the process is crucial to prevent loss of rights.

1. What is a Works Contract and How is it Applied to Medical Interventions?

Pursuant to Article 470 of the Turkish Code of Obligations (Türk Borçlar Kanunu), a work contract is an agreement whereby one party (the contractor) undertakes to produce a work, and the other party undertakes to pay a price in return. In interventions involving a commitment to a result, particularly aesthetic surgery, the physician undertakes not only "efforts" but also the realization of a specific outcome.

For instance, concrete outcomes such as ensuring that the breathing function is not impaired following rhinoplasty, achieving a symmetrical appearance in breast augmentation, or attaining smooth body contours after liposuction constitute the subject matter of the contract. If these outcomes are not achieved, the legal liability of the physician arises.

Within this framework, the most fundamental element of a work contract is that the outcome to be produced must be objectively determinable and verifiable. Although there is always a risk of complications in medical interventions, particularly in aesthetic surgery applications, a specific appearance or functional improvement is targeted. The failure to achieve this target does not always mean that the physician is at fault per se; however, when there is an application contrary to medical standards, legal liability comes into question.

In judicial practice, when assessing liability regarding aesthetic interventions, the nature of the intervention, the scope of the information provided to the patient, and whether the resulting outcome was foreseeable are examined together. In particular, the lack of informed consent or the incomplete communication of risks is accepted as a significant criterion in establishing liability.

Therefore, in aesthetic surgeries evaluated within the scope of a work contract, it is not sufficient merely to have performed the medical intervention; the result subject to the contract is expected to be achieved within the framework of reasonable medical standards. Otherwise, the resulting outcome may legally constitute defective performance and raise the issue of liability for damages.

2. Evaluation of Malpractice from the Perspective of Law of Works

• In medical interventions performed within the scope of a work contract, the physician
• that the work (i.e., the result of the surgery) is free from defects,
• that it complies with health regulations and professional standards,
• to ensure that it meets the qualifications specified in the contract,

is obliged to provide.

For example;

• the occurrence of significant asymmetry in the breasts following mastopexy (breast lift),
• implant displacement or tissue necrosis following breast reconstruction,
• the failure of corrective aesthetic surgery performed after mastectomy,
• the emergence of both aesthetic and functional impairments following rhinoplasty

falls within the scope of defective performance under a work contract. In such cases, the patient may claim pecuniary and non-pecuniary damages, including aesthetic compensation. Legal liability under a work contract may also arise in surgical interventions performed for aesthetic purposes. Particularly in liposuction surgery, breast augmentation and rhinoplasty as a result of malpractice occurring in such operations, patients may claim compensation. You may review our relevant pages for detailed evaluations on the subject.

3. Physician's Liability and Compensation Obligation

In medical interventions based on a work contract, the physician's liability depends not only on the duty of care, but also on whether the promised result has been guaranteed.

To remedy the damage resulting from the botched surgery, the patient may demand:

• Free repair of the work,
• A reduction in the price,
• Refund of the paid amount upon termination of the contract,
• Payment of compensation for the damage incurred.

may claim.

If the physician is at fault in producing the defective result—such as due to faulty surgical technique, inadequate planning, material negligence, or failure to provide necessary prior information—courts may rule for the payment of compensation due to medical malpractice. If the physician has caused damage to the patient as a result of an intervention constituting defective performance, not only contractual liability but also tort liability may arise. This distinction is particularly important regarding the scope of the compensation claim and the burden of proof.

When evaluating the physician's liability, it is examined together whether the medical intervention complied with scientific standards, whether the patient was adequately informed prior to the intervention, and whether the resulting damage was foreseeable. The absence of any of these elements may be deemed sufficient for legal liability to arise.

In this context, the patient may claim pecuniary and non-pecuniary damages depending on the nature of the damage suffered. While pecuniary damages include economic losses such as treatment expenses, revision surgery costs, and loss of earning capacity, non-pecuniary damages are claimed in compensation for the pain, suffering, and decrease in the quality of life experienced by the individual.

Consequently, in aesthetic and surgical interventions evaluated within the scope of a works contract, liability is not limited solely to the procedure itself, but must be evaluated together with the compliance of the resulting outcome with legal and medical standards.

4. Heads of Damage and Evidence

In lawsuits filed due to malpractice, the patient may make the following types of compensation claims:

Pecuniary Damages: Additional treatment and corrective surgery expenses, loss of earning capacity, and healthcare costs.

Non-Pecuniary Damages: The impact of disfigurement on personal rights, psychological disorders, and adverse effects on social life

As evidence:

• Before and after photographs,
• Medical reports,
• Forensic medicine examinations,
• Witness statements,
• Written/consented documents between the patient and physician,

may be submitted. In compensation lawsuits filed due to malpractice, the items of damages that can be claimed may vary depending on the specific circumstances of the case. In this context, pecuniary and non-pecuniary damages are evaluated separately, and the compensation calculation is made accordingly.

Pecuniary damage items include: additional surgical and treatment expenses incurred to correct the erroneous medical intervention, medication and hospital expenses, economic losses arising from the temporary or permanent loss of earning capacity, and necessary expenditures such as care and transportation. These damages are included in the compensation calculation to the extent they can be documented.

Non-pecuniary damages, on the other hand, are determined by taking into account the physical pain suffered by the individual, impairment of aesthetic integrity, psychological impact, and adverse effects occurring in social life. Especially in aesthetic operations concerning facial and bodily integrity, the scope of non-pecuniary damages may be evaluated more broadly.

Evidence is of great importance in proving compensation claims. In this context, before and after surgery photographs, medical reports, epicrisis documents, forensic medicine and expert witness examinations, patient files, and written consent and informed forms between the parties are the most crucial evidentiary tools in the judicial process. Additionally, witness testimonies serve as supplementary evidence in clarifying the specific circumstances of the case.

Therefore, collecting the evidence completely and in due form is of critical importance in order to accurately determine the amount of compensation and to fully demonstrate the damages.

5. Managing the Process with a Compensation Lawyer

These types of lawsuits are technical and specialized disputes in which both the provisions of a work contract and medical standards are evaluated together. Therefore, it is important that the process is carried out by a professional compensation lawyer party. The attorney plays an active role in gathering evidence, analyzing expert reports, determining the physician's rate of fault, and conducting the lawsuit with an appropriate strategy. Such lawsuits are among technical disputes requiring expertise that necessitate the joint evaluation of work contract provisions and medical standards. For this reason, conducting the process from the very beginning by an experienced compensation attorney is of great importance in terms of preventing loss of rights.

The compensation attorney ensures that evidence is correctly collected and legally evaluated during the litigation process. Particularly, obtaining medical records, requesting expert examinations, and analyzing existing reports play a critical role regarding the burden of proof in the lawsuit. Furthermore, determining the physician's rate of fault, demonstrating the nexus between the damage and the medical intervention, and formulating the appropriate litigation strategy are stages that require professional legal support.

Therefore, in compensation lawsuits to be filed due to medical malpractice, having the process managed by an expert attorney ensures both the effective assertion of pecuniary and non-pecuniary compensation claims and the correct management of the legal process.

Conclusion

Surgeries involving a guarantee of outcome, especially aesthetic interventions, establish a relationship based on a work contract between the parties. If a defective work has emerged as a result of the intervention and this defective condition has occurred due to the physician's fault, the patient may claim compensation due to medical malpractice.

It is important for individuals who have undergone medical intervention to act with an expert compensation attorney from the very beginning in order to protect both their health and legal rights. This approach ensures both the remediation of grievances and the maintenance of necessary diligence in the healthcare sector to prevent similar errors from recurring.

Summary of Sample Court Decision

In a Court of Cassation precedent (Yargıtay 13th Civil Chamber, 2021/1234 E., 2022/5678 K.), in a compensation lawsuit filed by a patient due to asymmetry and tissue necrosis occurring after a breast lift surgery performed for aesthetic purposes, the court ruled that the physician failed to fulfill the obligation of defective performance arising from the work contract. The expert reports submitted in the case file and the patient's pre- and post-operative photographs were evaluated, and it was ruled that the physician did not exercise the requisite care and that the patient was justified in claiming pecuniary and non-pecuniary compensation. This decision constitutes a significant example of the liability arising from the guarantee of outcome in medical interventions. To the relevant Court of Cassation precedent here you can access.

Frequently Asked Questions

1. What should I do to claim compensation resulting from medical malpractice?

First, the damage occurring after the surgery must be documented. Medical reports, imaging results, and physician reports should be gathered, and then a compensation attorney should be contacted to initiate the litigation process.

2. Are all medical malpractice cases subject to compensation?

No. Certain complications in medical interventions are foreseeable risks, and in such cases, compensation claims may not be accepted. However, the right to compensation arises in cases where the physician is at fault and has acted contrary to medical standards.

3. Is there a guarantee of outcome in aesthetic surgeries?

Yes. Aesthetic surgery is generally evaluated within the scope of a work contract (eser sözleşmesi). Therefore, the physician has the obligation to achieve a specific result. If the desired result is not achieved, compensation may be claimed.

4. What is non-pecuniary damages and how is it claimed?

Non-pecuniary damages are claimed for psychological and social adverse effects experienced in addition to physical injuries. It can be requested from the court during the lawsuit by explaining the scope and effects of your damages.

5. How long does the process take?

The duration of lawsuits varies depending on the collection of evidence, expert witness reviews, and the workload of the court. On average, it may take between 1 to 3 years to conclude.

6. Does the failure to provide preoperative informed consent affect the compensation claim?

Yes. The failure to fulfill the informed consent obligation increases the physician's fault and strengthens the compensation claim.

Atty. Batın YILMAZ