The Story
The claimant underwent esthetic surgery for nasal and ear-shape concerns. She later alleged painful post-operative complications, including a cyst behind the ear and a fracture involving the infraorbital rim during nasal surgery.
She pursued both material and moral damages, arguing that the adverse results caused lasting physical and psychological impact.
Liability and Quantum
The lower court awarded limited compensation and accepted liability in part. The forensic material in the record stated that the infraorbital rim fracture was not an expected complication of the operation and that the doctor's medical conduct was not in line with proper standards.
When the case reached Yargıtay, the key dispute shifted to the adequacy of non-pecuniary compensation rather than to the existence of damage alone.
Outcome
Yargıtay held that the awarded moral damages were too low in light of the gravity of the harm, the claimant's maluliyet finding, and the way the event unfolded. The judgment was therefore quashed for reassessment of compensation level.