The evaluation of malpractice cases arising from aesthetic intervention in Turkey based on Supreme Court case law

Balçik, Pınar Yalçin; Çakmak, Cuma

doi:10.1002/hpm.2705

Cited by 4 publications

(1 citation statement)

References 20 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…An increase in compensation claims is observed in Turkey as well as in the rest of the world. For example, Yalcin Balcik and Cakmak (2019) express that the number of medical malpractice lawsuits and the compensation requested by the patients is increasing.…”

Section: Introductionmentioning

confidence: 99%

Dental Malpractice Cases in Turkey: Evidence Based on High Court Decisions

Balçik

Çakmak

Kurt

et al. 2023

Dicle Üniversitesi İktisadi Ve İdari Bilimler Fakültesi Dergisi

Self Cite

View full text Add to dashboard Cite

This study aims to examine dental malpractice cases in Turkey through the Supreme Court’s decisions. In this study, the dental malpractice decisions of the Supreme Court of Appeals, one of the highest judicial bodies in Turkey, are evaluated. It is seen that 83.3% of dental malpractice lawsuits filed against dentists occur in private enterprises (private clinics, practice, private hospitals, etc.). It was also discovered that most of the decisions were made in 2014, 2015, and 2018. Furthermore, the majority of the decisions (93.7%) are compensation cases. The cases were brought mainly by adults (89.6%). The patients mostly applied to the dental clinic for a dental prosthesis (25%) and implant (18.8%). Choosing the wrong treatment method (66.7%) and service failure (14.6%) are the leading causes of malpractice. Health consequences such as severe pain (31.3%), inability to fully perform the chewing function due to defective prosthesis (10.4%), mouth sores, and difficulty in swallowing (6.3%) occurred in patients. It was determined that 7 (14.6%) cases had to undergo a second operation due to malpractice. The average amount of pecuniary and non-pecuniary compensation demanded from physicians is 53.431 TL. The majority of the decisions (52.1%) were reversed under Article 428 of the HUMK (Law of Civil Procedure). Like other healthcare professionals, dentists are faced with a malpractice lawsuit and can pay high compensation penalties. There is a need to develop individual, institutional, and national strategies for malpractice, and necessary precautions must be taken.

show abstract

Section: Introductionmentioning

confidence: 99%

Dental Malpractice Cases in Turkey: Evidence Based on High Court Decisions

Balçik

Çakmak

Kurt

et al. 2023

Dicle Üniversitesi İktisadi Ve İdari Bilimler Fakültesi Dergisi

Self Cite

View full text Add to dashboard Cite

show abstract

Patient Counselling and Medicolegal Aspects of Hair Transplant Surgery

Sattur

2021

Indian J Plast Surg

View full text Add to dashboard Cite

Hair transplantation being an elective aesthetic surgery, the importance of informed consent cannot be overstated. Explaining the condition of hair loss, the causes, progress, prognosis, and all available treatment options is a part of this process. Providing conflict-free information, ensuring that the patient comprehends this information, and allowing him/her to make the decision to authorize the surgeon to perform the procedure is the moral obligation of the hair transplant surgeon. The benefits of this approach are noticeable and one of the most effective ways to have a satisfied patient and reduce the possibility of claims.

show abstract

Insights From the Supreme Court Decisions: Undesirable Consequences After Minimally Invasive Cosmetic Interventions in Türkiye

Yıldırım,

Koç Yıldırım

2024

J of Cosmetic Dermatology

View full text Add to dashboard Cite

BackgroundWith the increasing demand for cosmetic procedures in recent years, the implementation of some of these procedures by unauthorized persons has led to undesirable results and subsequently to the creation of a large number of case files.AimsIn this study, it is aimed to retrospectively evaluate the decision texts of the Turkish Supreme Court regarding minimally invasive cosmetic dermatology procedures and to evaluate the reasons and results of the applications reaching the high court in these procedures.MethodsThe Supreme Court's decisions in cases filed due to undesirable consequences caused by minimally invasive cosmetic interventions were scanned using the Supreme Court of Appeals' online database from 2013 to 2023.ResultsThe majority of the procedures addressed by the lawsuits are carried out in beauty salons; laser epilation is the procedure that is conducted most frequently, and burns are the most prevalent complication (87.8%, 85.7%, and 77.6%, respectively). As an adverse event, 94.7% (n = 36) of burns occurred in beauty centers. Thirteen (26.5%) of the cases in our analysis were carried out by an unauthorized person. When laser epilation and other procedures are considered as two separate categories, in applications due to adverse events of laser epilation, 28 (66.7%) cases were concluded in favor of the defendant.ConclusionsComplications, especially burns, that occur after laser epilation performed by unauthorized persons in beauty salons constitute a serious caseload, and there seems to be a need for better control mechanisms to reduce this burden.

show abstract

The evaluation of malpractice cases arising from aesthetic intervention in Turkey based on Supreme Court case law

Cited by 4 publications

References 20 publications

Dental Malpractice Cases in Turkey: Evidence Based on High Court Decisions

Dental Malpractice Cases in Turkey: Evidence Based on High Court Decisions

Patient Counselling and Medicolegal Aspects of Hair Transplant Surgery

Insights From the Supreme Court Decisions: Undesirable Consequences After Minimally Invasive Cosmetic Interventions in Türkiye

Contact Info

Product

Resources

About