Hürriyet Mahallesi, Kız Kalesi Sokak No: 3 İç Kapı: 2 Çağlayan/İstanbul PK 34403
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Breast Plastic Surgery Compensation Case

30.10.2020
122
Breast Plastic Surgery Compensation Case

In our previous articles, we have shared that many of the aesthetic centers are endangering human health by working without a license. Rhinoplasty, hair transplant, aesthetic concerns aesthetic concerns such as compensation and the other a mastectomy with breast surgery one of the services with defective as a result of the surgery, breast reduction, augmentation, or are operations such as dentures.
There is no dispute between the parties that there is a work contract held in articles 470 and continuation of TBK No. 6098, which is in force as of the date of establishment of the contract. According to the contract, it was decided to give aesthetic interventions to the plaintiff. It is understood that the contract between the plaintiff and the defendant differs from the contract between the physician and the patient regarding treatment in nature and that the provisions of the work contract should be applied. 470 of the Tbk, which regulates the contract of works. according to the article, the contractor’s work is to create a work, and the business owner’s work is to pay a price in return. According to the nature of the work contract, the contractor guarantees the result. Since the plaintiff has applied to the defendant for aesthetic purposes in the form of having slikon inserted into his breasts to stand more properly and upright, it is clear that providing a beautiful appearance suitable for the desired and agreed purpose by performing plastic surgery is the subject of the work agreement between the parties. The reason for the contract here is that there is a certain result. The work is the result of an effort that requires the art and skill of the contractor, and the contractor is obliged to create the work in such a way as to benefit the business owner and without causing him any harm.
On the other hand, the contractor’s debts are 471 of TBK. “the contractor must perform the actions he undertakes with loyalty and care, taking into account the justified interests of the business owner. In determining the liability of the contractor arising from the debt of care, the behavior of a clairvoyant contractor undertaking similar work in the field in accordance with the professional and technical rules that must be shown is based.”It has been said that the physician who is the contractor has an obligation to perform his work with loyalty and care, as can be understood from this arrangement. It is also explained that the responsibility of the contractor arising from the debt of care will be based on the professional and technical rules that must be shown by a clairvoyant contractor who undertakes work in similar areas. Again, due to the nature of the work contract, the contractor must be considered to have guaranteed the result. In case of complications, it is the responsibility of the contractor (physician) to carry out the lighting obligation and the complication management correctly.

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