Hair Transplant Operation FailureIt is possible to file a lawsuit against doctor, surgeon, hospital or health center for medical malpractice according to Turkish Law in case of hair transplant operation failure
People may experience adverse situation when they get hair transplantation service from a health center they find reliable. But then things may not go the way they want, they may encounter problems. If these problems are caused by inadequate information (enlightment) or medical malpractice, they can sue and may earn huge compensation.
Meanwhile this article is all about hair transplant operations and its legal problems, please click here to learn more about aesthetic medical malpractice in Turkish legal system.
Hair Transplant Problems
In addition to normal hair loss due to trauma to the scalp during the first few months following the hair transplant operation, hair loss of the follicles due to unsuccessful / improper hair transplantation and wrong application of the hair follicles was caused by the loss of hair follicles, according to the experts.
Apart from the hair loss that occurs after the operation, it is possible to encounter many health problems such as very large grafts, hairline problems, unrealistic image, bombing and permanent scars on the skin. Moreover, it is a fact that some of these problems are too difficult or impossible to compensate.
Since there are many serious complaints about illegal hair transplantation in recent years, people wishing to have hair transplantation should be careful.
The following reasons are stated as the basis of the procedures that may cause future damage to hair transplanters and that may cause the responsibility of the physician / hospital performing the hair transplantation:
- Not paying attention to sterilization conditions, multiple hair transplantation with the same tools,
- Although the person performing the operation does not have this qualification, he / she introduces himself / herself as a plastic surgeon,
- Not grafting the required amount of hair to transplantation,
- Performing the operation under unfavorable or absentee conditions,
- Failure to provide sterilization conditions,
- Persons who are operating as auxiliary personnel are not officially nurses / health officers,
What can be done for complications?
According to the Turkish Code of Obligations No 6098, medical practices aimed at creating a work in the human body, are legally defined as “work contract.
In case of any complication, especially the reasons mentioned above, there shall be the responsibility of the hospital and the doctor performing the hair transplantation.
If the hair transplant operation has not done properly and it failed, if it is proved that there is not enough information givent to the patient , client , customer before the procedure or if the doctor does not fulfill the obligation of care and attention required by the profession, then legal liability arises for both the doctor surgeon and the health center hospital.
These abovementioned liabilities include; for the doctor, when a condition such as permanent scalp formation occurs as a result of wrong practices, it may be caused by negligence in accordance with Article 89 of the Turkish Penal Code, as well as remedying the damage caused under Article 49/1 of the Turkish Code of Obligations.
Legal Rights & Compensation Claims
In this case, there will be a doctor's failure called “malpractice” and there will be a right to claim of pecuniary and non-pecuniary compensation for the damage.
The concept of malpractice, is defined in the 13th article of the Turkish Medical Association Rules of Medical Professional Ethics as ‘malpractice of a patient due to ignorance, inexperience or apathy as bad practice of physicians / doctors.
According to the decision of the Supreme Court of Appeals in Turkey , it is clearly stated that “In aesthetic surgeries, if the doctor performing the surgery has given a certain guarantee regarding the aesthetic appearance, this contract between the parties is a work contract”.
In the event that a lawsuit is filed regarding aesthetic surgeries, the provisions of the “work contract” will be applied; in accordance with Article 147/6 of the Turkish Code of Obligations (Law no. 6098), there is 5 years limitation for lawsuits filed against the private hospital or physician /doctor performing the hair transplantation or any other malpractice cases.
In accordance with Article 72 of the Turkish Code of Obligations (Law no. 6098), in cases that will be brought against private hospitals or doctors for “tort“, the damage should be subjected in two years starting from the date of informing of the loss and compensation obligation and in any case ten years starting from the date of the action. However, in the event of an act requiring a longer period of time foreseen by the compensation penal code, this period of time shall be applied.
Consequently, in case of a malpractice of hair transplantation it is possible to file a lawsuit against a doctor / hospital / health center within the time limits provided by the law in Turkey. Each situation may have its own characteristics and the spesific claims that may change totally depending the situation according to Turkish Law. Therefore, it is highly recommended to get support from a Turkish malpractice lawyer before and during the lawsuit procedure.