Patient rights & malpractice

Your treatment contract with a Turkish clinic: what to check

What belongs in a treatment contract with a clinic in Türkiye, which clauses are invalid and which law applies – explained by a Turkish lawyer.

Many patients book surgery in Antalya through a few WhatsApp messages: price, date, deposit – done. That works as long as everything goes well. But if problems arise, the first question is always: what exactly was agreed?

A clear written treatment contract protects both sides. This guide explains step by step what belongs in it, which clauses to check critically, which other documents you will sign and which law applies.

How a treatment contract is formed

Under Turkish law a contract generally does not require a particular form. It can be formed through messages, emails or a deposit. The problem is proof: if a dispute arises later, you need to be able to show what was agreed. A written contract covering all the essential points is therefore your best protection.

Typically it goes like this:

  1. First contact and online consultation: you send photos and receive an assessment and a quote.
  2. Quote: price, services, date. A quote is not yet a complete contract – check what it actually commits to.
  3. Deposit: paying the deposit usually confirms the date. By now at the latest, the terms should be in writing.
  4. Pre-operative assessment on site: often only now is it finally decided whether and how you will be operated on.
  5. Information and consent: you sign the consent form before surgery.

What kind of contract is it?

Under Turkish law, the contract between doctor and patient is usually classified as a contract of mandate (vekâlet sözleşmesi). The doctor owes careful treatment in line with the medical standard, but not a specific result.

For purely cosmetic procedures, case law and legal literature discuss whether in certain cases it is rather a contract for work (eser sözleşmesi), in which a specific result is owed. This can matter for deadlines and claims. In practice: record the goal you discussed – for example implant size, shape or the desired nose shape – as precisely as possible in writing.

Who is your contractual partner?

Several parties are often involved in health tourism:

  • the clinic or hospital where you are operated on,
  • the surgeon – employed by the clinic or self-employed,
  • an agency or facilitator that organises the package, hotel and transfers,
  • hotels and transfer companies, often as subcontractors.

Clarify in writing who your contractual partner is for the medical treatment and who is responsible for the hotel and transfers. If only an agency is named in the contract, it is often unclear who is liable for the treatment itself. Since 2025, both clinics and facilitators in health tourism in Türkiye need authorisation from the Ministry of Health. Ask to see the authorisation of both.

What belongs in the contract

1. The parties

  • Full name, address and tax number of the clinic
  • Authorisation for health tourism
  • If an agency is involved: its name, address and authorisation – and which services it provides

2. The surgeon

  • Name and specialty of the operating surgeon
  • What happens if they are unavailable at short notice: will the date be moved? Can you refuse if another doctor is to operate?
  • Who in the team carries out which steps – especially important for hair transplants

3. The procedure

The more precise, the better. For example:

Vague Precise
“Breast augmentation” “Breast augmentation with round silicone implants, 350 ml, manufacturer X, placed under the muscle, incision in the breast fold”
“Liposuction” “Liposuction of abdomen and flanks, technique Y”
“Hair transplant 4,000 grafts” “FUE hair transplant, approx. 4,000 grafts planned, donor area back of head, carried out under the supervision of Dr Z”

If several procedures are planned in one session, this should also be recorded – together with the planned length of the operation.

4. Implants and materials

  • Manufacturer, model, size
  • Implant card with serial numbers after surgery
  • Whether there is a manufacturer’s warranty and how to claim under it

5. Anaesthetic and hospital

  • Type of anaesthetic and who will give it
  • Which hospital you will be operated in
  • How long you will stay as an inpatient

6. Services and price

List everything included in the price – and what is not:

  • Surgery and surgeon’s fee
  • Implants and materials
  • Anaesthetic
  • Hospital stay
  • Pre-operative tests and blood work
  • Medication
  • Compression garments or support bra
  • Hotel (how many nights?), transfers, interpreter
  • Follow-up checks on site and by video

Record the total price and currency. Ask whether extra costs could arise, for example for a longer hospital stay.

7. Payment

  • Amount and due date of the deposit
  • Due date of the balance
  • Payment method
  • A receipt for every payment

8. Cancellation, postponement and medical unsuitability

Cover at least these cases:

  • You cancel: free of charge until when? What is lost after that?
  • The clinic cancels or postpones: full refund? Will flights already booked be covered?
  • The pre-operative assessment shows you cannot have surgery: refund minus proven costs?
  • Force majeure: for example cancelled flights.

In detail: Deposit refund? Cancelling a clinic package in Türkiye.

9. Aftercare

  • Number and timing of check-ups on site
  • Video check-ups after you return home
  • A fixed contact person and how to reach them – under the 2025 regulation, a responsible staff member must be assigned to each patient
  • The earliest date for your flight home

10. Complications and corrections

This is the most important and most often forgotten point:

  • Who pays for a necessary further operation due to a complication?
  • Who pays for the hotel and flights if you have to stay longer or come back?
  • Is there a rule for corrections if the result differs significantly from the agreed goal – and who pays which costs (surgeon’s fee, hospital, anaesthetic)?
  • For how long does this rule apply?

11. Complication insurance

Authorised clinics must take out complication insurance for surgical procedures in health tourism. Have the contract confirm whether it covers your procedure, what it pays for and how to claim.

12. Documents

  • Surgical report, anaesthesia record, discharge summary
  • Implant card
  • Medication plan
  • In English if possible – at least the discharge summary

The treatment contract covers the business side. Separate from this is the medical information and the consent form. Under the Turkish Regulation on Patient Rights you must be informed before a procedure about the diagnosis, treatment, risks, alternatives and recovery. For operations, consent is usually obtained in writing.

Make sure that:

  • the information is given by a doctor, not just by sales staff,
  • you receive the documents in a language you understand,
  • you have enough time to read everything – not just on the way to theatre,
  • the typical risks of your procedure are named specifically,
  • you get a copy of the signed consent form.

Missing or inadequate information can weigh as heavily legally as a treatment error.

Photos and data

Clinics take photos before and after the procedure for documentation. Separate from this is the use of your photos for advertising, for example on Instagram or the website. Photos from treatment are health data and are specially protected under the Turkish Personal Data Protection Law (KVKK). To use them for advertising, the clinic needs your explicit consent.

Make sure this consent:

  • is a separate document, not hidden in the contract,
  • states exactly which photos may be used where (e.g. with or without your face),
  • is voluntary – your treatment must not depend on it,
  • can be withdrawn.

Clauses to watch out for

Total exclusion of liability

Wording such as “The clinic accepts no liability whatsoever for complications” is a red flag. Under the Turkish Code of Obligations, an advance exclusion of liability for gross negligence is invalid. The clinic is not liable anyway for unavoidable risks you were informed about – so a blanket exclusion is unnecessary and tends to count against a provider’s reputability.

One-sided clauses

If you sign the contract as a private individual, it is usually treated as a consumer contract under Turkish law. Pre-formulated clauses that were not individually negotiated and unfairly disadvantage you contrary to good faith can be invalid under the Turkish Consumer Protection Act. Examples:

  • The deposit is forfeited in every case – even if the clinic itself cancels.
  • The clinic may freely increase the price after the contract is signed.
  • You waive any complaint or legal claim.

Result “at the doctor’s discretion”

The surgeon may need to make decisions during the operation, for example if the anatomy turns out differently than expected. But if the contract allows implant size, technique or scope of the procedure to be changed freely without consulting you, ask about it and record the key points.

Jurisdiction and applicable law

Many contracts specify Turkish law and Turkish courts. That is not unusual for treatment in Türkiye. Worth knowing: under the Turkish Act on Private International Law (MÖHUK), consumers can still rely on the mandatory protective rules of their home country under certain conditions – for example if the clinic specifically advertised in their country. Whether this applies in your case is a question for legal advice.

Confidentiality clauses and reviews

Some contracts prohibit negative reviews or statements about the clinic. Honest, factual accounts of your experience are generally permitted. Do not sign any clause that prevents you from contacting authorities or courts in the event of a dispute.

Good and bad wording compared

Less good Better
“The clinic is not liable for complications.” “For complications requiring a further operation, the clinic covers the surgeon’s fee, hospital and anaesthetic costs within 12 months.”
“The deposit is non-refundable.” “If the clinic cancels or the patient is medically unsuitable, the deposit is refunded minus proven assessment costs.”
“Surgery by our medical team.” “The operation will be performed by Op. Dr [name], specialist in plastic surgery.”
“Aftercare included.” “Two check-ups on site (day 1 and day 6) plus video check-ups after 1, 3 and 6 months.”

The examples show what matters: specific commitments are worth more to you than general promises.

Deposit and payment

  • Pay traceably: bank transfer or credit card rather than cash without a receipt.
  • Get every payment confirmed – with date, amount and purpose.
  • Clarify the refund of the deposit if surgery cannot go ahead for medical reasons or the clinic cancels.
  • Beware of discounts for immediate payment: time pressure is a typical sales tactic.

Checklist before you sign

  • Contractual partner for treatment clearly named
  • Authorisation of clinic and facilitator seen
  • Surgeon’s name and specialty in the contract, rule if unavailable
  • Procedure described precisely, incl. implants and technique
  • Anaesthetic and hospital named
  • All services, total price and currency listed
  • Payment terms and receipts
  • Rules for cancellation, postponement and medical unsuitability
  • Aftercare and contact person arranged
  • Cost rules for complications and corrections, with time limit
  • Complication insurance clarified
  • Documents in English promised
  • Information given by a doctor in your language
  • Photo consent as a separate, voluntary document
  • No blanket liability exclusions or waivers of legal claims
  • Copies of all documents received

If there is a dispute

  1. Keep everything: contract, messages, payment receipts, medical records, photos.
  2. Contact the clinic in writing: describe the problem, attach evidence, set a deadline.
  3. Complain to Turkish authorities: for example the clinic’s patient rights unit or the provincial health directorate.
  4. Consider legal action: in many cases mediation is required before a lawsuit. Deadlines are short – get advice early.

For an overview of your options, see our guide Medical malpractice in Türkiye: your rights and what to do.

Read more

Frequently asked questions

Is a WhatsApp confirmation enough as a contract?

A contract can be formed informally, and messages can serve as evidence. But a written contract covering all the key points is much safer for you – if there is a dispute, you have to prove what was agreed.

Which law applies to my contract with a Turkish clinic?

As a rule, Turkish law. Under certain conditions, however, consumers can rely on the mandatory protective rules of their home country under the Turkish Act on Private International Law (MÖHUK) – for example if the clinic specifically advertised its services in that country. This depends on the individual case.

Can the clinic exclude liability for complications?

The clinic is not liable anyway for normal, unavoidable risks of a procedure if it has informed you about them. But excluding liability for gross negligence is invalid under the Turkish Code of Obligations, and one-sided clauses in consumer contracts can be invalid.

Does the contract have to be in English?

There is no general obligation to conclude the contract in your language. But you should not sign anything you do not understand. Ask for a translation or a bilingual version – especially for the consent form.

Is a contract with the agency the same as a contract with the clinic?

No. Clarify who your contractual partner is for the medical treatment and who is responsible for the hotel and transfers. This matters if something goes wrong later.

Can I ask for a guaranteed result?

Reputable surgeons do not guarantee a specific result, because healing depends on your body. But do record in writing the goal you discussed – for example implant size and type – and what happens if the result differs significantly.

Can the clinic use my before-and-after photos for advertising?

Only with your explicit consent. Photos from treatment are health data. Permission should be a separate document that you can refuse without your treatment depending on it.

What happens if the pre-operative assessment shows I can't have surgery?

The contract should cover this. It is usual and fair that you get your deposit back minus proven costs, such as for tests. Get this rule in writing beforehand.

Sources

  1. Turkish Code of Obligations (Türk Borçlar Kanunu, No. 6098)
  2. Turkish Consumer Protection Act (Tüketicinin Korunması Hakkında Kanun, No. 6502)
  3. Act on Private International and Procedural Law (MÖHUK, No. 5718)
  4. Turkish Personal Data Protection Law (KVKK, No. 6698)
  5. Regulation on Patient Rights (Hasta Hakları Yönetmeliği)
  6. Regulation on International Health Tourism, 2025

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