A foreign patient can claim compensation, a refund or corrective treatment costs from the Turkish clinic, the doctor and the agency under the Turkish Code of Obligations, Law No. 6098, usually in the consumer courts after mandatory mediation (Article 73/A of Law No. 6502). The tort limit is 2 years from learning of the damage and the person liable (Article 72), and defective service claims expire 2 years after treatment. A complaint for negligent injury under Article 89 of Law No. 5237 must be filed within 6 months. A Turkish lawyer can act while you stay abroad.
A patient who travelled to Türkiye for a hair transplant, veneers, implants, a BBL or a gastric sleeve and came home with an infection, failed grafts or teeth that no longer fit usually asks who is responsible, whether a Turkish clinic can be sued from abroad, and how much time is left. Several rules changed recently. The Regulation on International Health Tourism and Tourist Health of 26 April 2025 makes the clinic and the agency that sold the package responsible for complications and malpractice that appear after treatment, and required clinics to carry complication insurance for surgery in an operating theatre by 31 December 2025. Law No. 7571 of 24 December 2025 increased the penalty for negligent injury, and Law No. 7589 of 16 July 2026 abolished the unquantified claim patients used to file before an expert valued their damage. This article follows the practical route of a foreign patient; the general theory is covered in our overview of medical negligence legislation in Türkiye.
Clinics often answer a complaint by offering a repeat procedure at no charge. If it goes ahead before the first result is documented, the evidence disappears under the second operation. Start with the file. Article 16 of the Patient Rights Regulation, Hasta Hakları Yönetmeliği, the Ministry of Health regulation of 1 August 1998, entitles you or your lawyer to examine your records and take a copy. Article 12 of the 2025 regulation obliges the clinic to issue an itemised invoice and to provide, on request and without charge, the list of medicines and materials used, laboratory results and radiological images. A written request under Articles 11 and 13 of the Personal Data Protection Law, Law No. 6698, must be answered within 30 days. Ask for the consent forms, operation and anaesthesia notes, the graft count, implant brands and lot numbers, and the discharge summary.
Then preserve dated photographs in their original files, the WhatsApp chats with the patient coordinator (promises such as "4,000 grafts", aftercare instructions, replies to your complaints) and screenshots of the advertising. Our article on WhatsApp messages as evidence explains how. Finally, obtain a written report from a specialist at home on the condition and the cost of correction, and if revision cannot wait, ask the surgeon to photograph and record the findings, because experts in Türkiye usually decide on documents.
Turkish courts generally treat the relationship with a doctor or private clinic as a contract of mandate, vekalet sözleşmesi, under Article 502 of the Turkish Code of Obligations, Law No. 6098. Article 506 requires the agent to perform personally unless authorised or permitted by custom, which matters when the surgeon named in the offer never operated, and to act with the care of a prudent professional in the same field. A mandate requires proper care, not a guaranteed result: poor graft growth alone is not malpractice, but poor technique or ignored warning signs are.
Where a specific result was promised, such as a set of veneers matching an agreed smile design, cosmetic and dental work has been treated as a contract for work, eser sözleşmesi, under Article 470. Article 475 then lets the patient withdraw, claim a price reduction or demand repair at the clinic's cost, with compensation reserved, and Article 474 expects defects to be reported within an appropriate time. Disclaimers in consent packs rarely help the clinic: Article 115 voids advance exclusions of liability for gross fault and, in licensed professions such as medicine and dentistry, even for slight fault, and Article 116 voids a waiver of liability for staff in the same professions.
Article 15 of the Patient Rights Regulation requires the patient to be told who will perform the intervention, how, the alternatives, the possible complications and the consequences of refusing. Article 18 requires this to be explained orally by the professional who will perform it, in a way the patient understands and with reasonable time to decide. Under Article 24 of the Turkish Civil Code, Law No. 4721, consent is what makes an intervention on the body lawful, but informed consent, aydınlatılmış onam, covers only the risks properly explained; it never covers careless technique or an unqualified operator, and Article 31 of the regulation keeps the intervention within the limits of the consent given.
Under Article 6 of the Civil Code the patient proves the treatment, the damage and, with expert help, the causal link. In a contract claim, Article 112 of Law No. 6098 then requires the clinic to prove that no fault is attributable to it. Against the usual "known complication" defence, the expert asks whether the risk was explained and the complication recognised and treated in time.
The doctor is liable under the contract if you contracted personally and otherwise in tort under Article 49. The clinic that invoiced you is liable for its doctors, nurses and technicians under Article 116 and as an employer under Article 66, and Article 6 of the 2025 regulation makes the clinic and the agency responsible, according to the service each provides, for treatment received in Türkiye, expressly including later complications and malpractice. Under Article 61 everyone liable for the same damage is jointly and severally liable. Treatment in a state or university hospital follows the administrative route: an application to the administration within one year of learning of the act, and within five years at most, under Article 13 of the Administrative Judicial Procedure Law, Law No. 2577.
The intermediary, aracı kuruluş, must hold an authorisation certificate issued by USHAŞ (International Health Services Inc.) and must arrange accommodation and transport through a licensed travel agency, and clinics may not use unauthorised intermediaries. An agency that chose an unsuitable clinic, misrepresented who would operate or left you without aftercare answers for its own fault. Where it sold transport or accommodation together with other services at an inclusive price, the package tour rules in Article 51 of the Consumer Protection Law, Law No. 6502, also make it liable for the travel elements.
Article 1 of the Law on the Practice of Medicine and Its Branches, Law No. 1219, reserves the treatment of patients to holders of a medical diploma, and Article 3 reserves surgery other than minor surgery to doctors with the required specialisation. Treating patients without a diploma carries two to five years' imprisonment and a judicial fine of up to 1,000 days under Article 25; dental examination or treatment without a dentistry diploma carries three to five years under Article 41. Neither offence requires a complaint. A clinic that left the procedure to technicians will struggle to show the care of a prudent professional.
Additional Article 12 of Law No. 1219 requires doctors, dentists and specialists in private practice or private institutions to carry professional liability insurance for medical malpractice; for employed staff the institution takes out the policy. Cover limits are set by the treasury authority and change over time, so we do not quote a figure. The 2025 regulation adds complication insurance for surgical and interventional procedures performed on international patients in an operating theatre. Under Article 1478 of the Turkish Commercial Code, Law No. 6102, you may claim directly from a liability insurer up to the sum insured, within ten years of the insured event under Article 1482. Ask the clinic in writing for each insurer and policy number.
Article 3 of Law No. 6502 expressly includes mandate and work contracts between a business and a person acting for non professional purposes, so a private clinic's patient is a consumer whatever his or her nationality. Under Article 13 a service that lacks the qualities stated in the clinic's advertising or website is defective, and Article 15 lets the consumer choose a repeat of the service, repair at no cost, a price reduction or withdrawal, together with compensation; a repeat or repair must be completed within 30 working days of the request.
Under Article 73 consumer disputes belong to the consumer courts, tüketici mahkemesi, where claims against private clinics are generally filed and where consumers pay no court fees. Practice varies where only a doctor is sued in tort; other claims go to the civil court of first instance, asliye hukuk mahkemesi, where a bodily injury claim pays one twentieth of the proportional fee in advance (Article 28 of the Law on Fees, Law No. 492). See our guide to consumer courts in Türkiye. In 2026 disputes below 186,000 Turkish Lira must go to a consumer arbitration committee (Article 68 and the communiqué of 23 December 2025).
Before a consumer court action, mediation, arabuluculuk, is mandatory under Article 73/A. Under Article 18/A of the Mediation in Civil Disputes Law, Law No. 6325, the mediator has three weeks, extendable by one, limitation is suspended meanwhile, and the final minutes must be attached to the claim. The consumer's mediation fee is generally met by the Ministry of Justice, and a lawyer can attend for you.
Negligent injury, taksirle yaralama, under Article 89 of the Turkish Penal Code, Law No. 5237, now carries four months to two years' imprisonment or a judicial fine, up from three months to one year before Law No. 7571. The penalty rises by one half for a permanent mark on the face or permanent weakening of an organ's function, and doubles for permanent disfigurement of the face or loss of an organ's function. Conscious negligence adds one third to one half (Article 22(3)), the court may ban the offender from the profession for three months to three years (Article 53(6)), and negligent death carries two to six years (Article 85). Under Article 89(5) the investigation requires a complaint unless the act involved conscious negligence and went beyond the basic injury, and Article 73 requires that complaint within six months of learning of the act and the offender. More detail is in our article on negligent injury under Article 89.
Under Article 158 of the Code of Criminal Procedure, Law No. 5271, the complaint goes to the public prosecutor or the police. From abroad a Turkish lawyer files it under a power of attorney signed abroad; if you give a statement in Türkiye, see our note on police statements. Negligent injury goes to conciliation, uzlaştırma, under Article 253. If you reconcile, no compensation claim can follow for the offence except for damage that could not be determined at the time or arises later, so treat it as a settlement. The prosecutor's expert report also carries weight in the civil claim. Our criminal law services include complaints filed for clients abroad.
Under Article 266 of the Code of Civil Procedure, Law No. 6100, the court appoints an expert, bilirkişi, where technical knowledge is needed. Malpractice files usually go to the Forensic Medicine Institute, Adli Tıp Kurumu, or to experts in the specialty concerned; insist on the right one, such as plastic surgery or dermatology for hair, dentistry for veneers and implants. Under Article 293 you may submit your own specialist's opinion, and Article 400 allows evidence to be preserved by expert examination before filing if corrective treatment is imminent. Since Law No. 7589 repealed the unquantified claim in Article 107, the claim is filed as a partial amount and, under the new Article 109(4), may be increased once until the end of the investigation stage, with limitation treated as interrupted from the filing date.
Article 54 of Law No. 6098 covers treatment costs, including corrective work at home, lost earnings and reduced working capacity; Article 56 allows manevi tazminat, compensation for pain and suffering. Article 52 lets the court reduce the award if the patient contributed to the damage, so keep proof that you followed aftercare instructions.
Under Article 154 of Law No. 6098 limitation is interrupted only by an acknowledgement, such as a partial refund, or by legal proceedings; emails to the clinic do not stop it. Treat the shortest period as your deadline.
| Claim route | Time limit and key rule |
|---|---|
| Tort claim (Law No. 6098, Article 72) | Two years from learning of the damage and the person liable, ten years from the act at most; the longer criminal limitation applies if the act is a crime |
| Contract claim (Articles 146 and 147) | Five years for mandate claims; five years for a work contract, ten if the clinic acted with gross fault; which period governs compensation is argued in practice |
| Consumer claim for defective service (Law No. 6502, Article 16) | Two years from the treatment date, even if the defect appears later, unless concealed through gross negligence or fraud |
| Mediation (Article 73/A) | Mandatory before the consumer court; three weeks plus one; limitation suspended |
| Criminal complaint (Law No. 5237, Articles 89 and 73) | Six months from learning of the act and the offender; prosecution usually time barred after eight years (Article 66) |
| Unlicensed practice (Law No. 1219, Articles 25 and 41) | No complaint needed; prosecuted by the State |
| Insurer (Law No. 6102, Articles 1478 and 1482) | Direct claim up to the sum insured, ten years from the insured event |
| State hospital (Law No. 2577, Article 13) | Application to the administration within one year, five years at most |
| Settlement (Law No. 6325, Article 18) | Mediation agreement signed by parties, lawyers and mediator has the force of a judgment |
Article 26 of the Code on Private International and Procedural Law, Law No. 5718, applies the consumer's home law, but paragraph 4 excludes services supplied exclusively outside the consumer's home country, which is what treatment in Türkiye is. Absent a choice of law, Article 24 then applies the law of the clinic's place of business and Article 34 the law of the place of the tort, so Turkish law usually governs. Under Article 40 Turkish courts have jurisdiction on the domestic venue rules: the defendant's domicile (Article 6 of Law No. 6100), the place of performance (Article 10) or the place of the tort (Article 16). In practice you sue where the clinic operates, and a foreign claimant may have to give security for costs under Article 48 of Law No. 5718 unless reciprocity exempts him or her.
Suing at home depends on your own country's law; within the EU, Articles 17 and 18 of Regulation (EU) No 1215/2012 let a consumer sue at home a business that directs its activities to that state. If the clinic's assets are in Türkiye, a home judgment then needs enforcement, tenfiz, under Article 54 of Law No. 5718, which requires reciprocity, proper service and compatibility with public policy, and allows the clinic to object that the foreign court had no genuine connection with the case.
Start with a written demand, a lawyer's letter or an ihtarname, a formal notice served through a notary, stating the facts, the right you choose (refund, price reduction or corrective treatment), the compensation claimed and a deadline, and asking for the full file and insurance details. If you accept corrective treatment at the same clinic, agree in writing who operates, who pays travel and accommodation, what happens if it fails, and that other claims are reserved. Read release clauses carefully: under Article 18 of Law No. 6325 no action may be brought on matters settled in mediation. Our team for medical tourism matters handles these negotiations for patients already back home.
Yes. A Turkish lawyer with your power of attorney files the claim where the clinic operates, after mandatory mediation for a consumer claim.
Usually not, although the court may ask you to attend an expert examination of your injury.
Plan on two years from learning of the damage and who caused it, which also matches the consumer limitation from the treatment date; a criminal complaint needs to be filed within six months.
No. Unless a specific result was promised, the clinic owes proper care, so experts examine technique, information given and aftercare.
Only after your current condition is documented and with written terms reserving your other claims.
Yes, through a lawyer filing with the prosecutor under Article 158 of Law No. 5271, within six months.
Not for ordinary negligent injury; conscious negligence beyond the basic injury and practising without a diploma are prosecuted without one.
The clinic is jointly liable, and the malpractice and complication insurers can be claimed directly up to the sum insured.
Yes, for its own services and fault, and under the package tour rules for the travel elements.
Usually Turkish law, because the consumer rule of Article 26 of Law No. 5718 excludes services supplied entirely outside your home country.
That depends on your home law, and the judgment must then be enforced in Türkiye under Article 54 of Law No. 5718.
That is a crime carrying two to five years under Article 25 of Law No. 1219, or three to five years for dentistry under Article 41, and the clinic remains liable for the damage.
Keep proof of the request; once a claim is filed, the court can order production and, if the clinic refuses, accept your account of the content (Article 220 of Law No. 6100).
A foreign patient harmed by treatment in Türkiye can pursue the clinic, the doctor and the agency under Law No. 6098, usually in the consumer courts after mediation, file a criminal complaint for negligent injury within six months, and claim directly against the malpractice and complication insurers. Turkish law usually governs, the claim is filed where the clinic operates, and the two year limitation periods leave little room for delay. The medical file, the photographs and messages, and an expert in the right specialty decide most cases.
If your treatment in Türkiye went wrong and you are now abroad, we can request your records, notify the insurers, start mediation or a criminal complaint and negotiate a refund or corrective treatment on your behalf. To discuss your case, contact our legal team.
