The Doctor’s Liability for Compensation
What is Aesthetic Surgery?
Aesthetic surgery is a medical intervention aimed at eliminating physical appearance disorders that occur at birth or later. The aim of aesthetic operations is to bring the person to the desired physical appearance. A person has aesthetic anxiety because he is dissatisfied with the appearance of other parts of his body. For this reason, aesthetic surgery also has the dimension of improving the mental disorder aimed at eliminating this anxiety of the person. If the person who is intervened in the other part of his body for aesthetic purposes cannot provide the benefit expected from the intervention, his mental health will also be negatively affected.
The Legal Aspect of Aesthetic Surgery
Aesthetic surgery to be performed on a person has an artistic direction, unlike other medical treatments, in terms of the professional knowledge and experience of the physician, as well as the result it will bring about. Here, apart from treating the person, the physician creates a work specific to his/her own skill by being faithful to the expectations of the person directly. In this regard, the view adopted in practice and in the Decisions of the Supreme Court is that the legal equivalent of the relationship between the physician and the business owner is a work contract. As a matter of fact, the nature of the relationship, its content and the rights and obligations of the parties to each other are parallel to the legal characteristics of the work contract, which we will talk about below through the example of aesthetic surgery. Disputes arising from the relationship in question are governed by the articles of the Turkish Code of Obligations relating to the Work Contract (TCO 470 et seq.) is solved on the basis of. On the other hand, the provisions of the TORT and compensation provisions of the TCO are applied in the elimination of material and moral damages arising as a result of the physician’s violation of the obligation of attention and care that falls on him while performing the operation.
The Constituent Elements of the Work Contract
The parties that are the constituent element of the work contract are the work owner and contractor. In this context, the person who has plastic surgery is the owner of the job, and the plastic surgeon is the contractor. The contractor, who is a plastic surgeon, undertakes to create the work, and the business owner undertakes to pay a price in return.
Compensation Case Due to Plastic Surgery
As the most important result of the legal relationship between the doctor and the business owner in aesthetic surgeries being a work contract, the doctor guarantees the result of the work he undertakes Decisively. If the work that occurs does not meet the expectations of the business owner, the doctor’s legal responsibility arises if the dissatisfaction in question can be considered a dissatisfaction on the spot when objectively evaluated. For example, if an absurd image occurs in the repaired area as a result of the plastic surgery of the physician and is subjected to a negative assessment by everyone, the responsibility of the physician comes to the agenda. Upon the violation of one or more of the obligations of the aesthetic doctor described above, the owner of the business may claim compensation for the material and moral damages he has suffered.
Upon the violation of one or more of the obligations of the aesthetic doctor described above, the owner of the business may claim compensation for the material and moral damages he has suffered.
