The Story
The claimant had undergone surgery for breast cancer years earlier. Later, because of asymmetry, she arranged further breast work with the defendant doctor and hospital so that both breasts would look equal in size. A gel-implant procedure was performed on 15 May 2019. Follow-up visits then revealed wound opening, crusting, and tissue loss on the left side.
The asymmetry still remained. According to the record, the doctor then proposed a second operation using fat taken from the abdomen and injected into the breasts. During that operation, the claimant’s bowel was perforated, which led to another emergency surgery. The file says she suffered major physical and emotional harm, new scars, and still did not achieve breast symmetry in the end.
Why the Rejection Was Quashed
The lower courts relied on reports saying the perforation was a complication and that consent forms mentioned organ injury as a rare risk. Yargıtay still reversed. It said the analysis could not stop at whether the surgical technique itself was medically acceptable.
Because the second operation was itself undertaken to fix an already unsatisfactory aesthetic result, and because it caused an additional serious bodily injury while leaving asymmetry unresolved, the court held that the defendants had not fulfilled their result-oriented obligation. Material and moral damages therefore had to be reassessed.