The Story
The claimant said she underwent a breast-lift and augmentation procedure with a cosmetic surgeon covered by a medical malpractice insurance policy. She alleged that the promised visual result was never achieved, that she had to continue treatment for a year, that the doctor failed to explain risks properly, and that she was even told she was fit to fly before treatment was truly complete.
She further argued that the doctor’s lack of response to her complaints made the damage worse. The action was brought against the insurer on the basis of the doctor’s compulsory malpractice policy.
What the Court Did
A court-appointed expert board stated that there had not been a bad medical application in the strict sense, but it also calculated what expenses could be recovered if the court took a different legal view. The commercial court ultimately partially accepted the claim.
According to the decision text, the court awarded documented surgery expenses of 8,694.44 TL, treatment expenses of 600 AED, and 40,000 TL in moral damages. That makes the file useful not only for liability theory, but also for compensation structure.