Author
Atar, Sea
Publication Date
2019-06-21
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
d425b9c9-7b6e-4fc6-813e-cb582108e8c8
Library Location
Department of Private Law
Date
2019-06-21
Sample Text
Today, developments in the field of medicine have made it possible to perform plastic, reconstructive and aesthetic operations in a simpler way, and the fact that these operations are simpler and more accessible has intensified people's orientation towards this field. Plastic, reconstructive and aesthetic operations have now become a field of medicine used and followed by everyone. Demands for aesthetic purposes have brought this field into the field of competition for physicians, so to speak, a serious market has emerged in this field. For this reason, even though it is against the legislation, serious advertisements are given in visual and print media and social media in this field. The numerical increase in plastic, reconstructive and aesthetic operations has also increased the number of medical errors occurring in this field. Compensation for the damages suffered by people due to these errors requires a separate legal infrastructure and regulations. Although this is the case, there is no normative regulation directly related to this field in our current legislation, and the special provisions of the Turkish Code of Obligations are applied to the extent appropriate to this field. Different opinions have emerged in doctrine and practice regarding the application of special provisions of the Turkish Code of Obligations to disputes arising from plastic reconstructive and aesthetic surgery, and the issue is not fully clear. In our study, the type and nature of contracts between plastic reconstructive and aesthetic surgeons and patients, faulty medical interventions and how the parties will be responsible for compensation for damages resulting from these interventions are discussed in terms of legislation, doctrine and high court practice. 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 also increased 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 labor 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.
