Aesthetic surgeries, unlike other medical interventions, have the characteristics of a "work contract" (TBK art. 470 et seq.). The physician guarantees the result.
Conclusion of the Work Contract
- The physician must ensure the expected result
- Just "according to the rules" is not enough, the result must also be good
- If the work is defective (bad result), optional rights arise
Optional Rights (TBK art. 475)
- Withdrawing from the contract + refund
- Price reduction
- Free repair (revision)
- Compensation
Typical Aesthetic Mistakes
- Asymmetry after nose surgery
- Breast implant leakage
- Liposuction scar
- Botox complication
- Hair transplantation failure
Duration
- 5 years after the work is received (TBK art. 478)
- Fraud/grave fault: 20 years
Supreme Court 15th HD and 13th HD
15. HD accepts that plastic surgeries are "work contracts", the physician bears "result responsibility", and the defense of "every surgery has risks" is invalid in this type of contract.
Lighting is More Important
Since plastic surgeries are not mandatory, lighting should be made much more comprehensive. Before/after photos, simulations should be shown.
Health law/malpractice lawyer is recommended.