As expected of people as a result of medical interventions and surgeries about nose surgery aesthetic qualities of the nose , the nose to drop, due to cartilage problems, breathing problems and difficulties that may occur in the nasal bone as a result of such complications are due to filed against the doctors. The nose is one of the most important organs in the human body, especially in the head region. In addition, another problem occurs when the issues that require surgery, such as aesthetics, are fulfilled by people who are not doctors but who have certificates.

The Doctor’s Obligation To Care

Doctors are obliged to meticulously fulfill the obligation of due care and attention to their patients. Physicians are responsible to the patient who has been harmed due to error or defect or negligence.

Which Doctor Should Perform The Nose Surgery?

The coroner’s decision stated that the diagnosis of the patient should be made correctly and that intervention should be made by the correct physician. It is important to have an otolaryngologist and a plastic surgeon present in the operation, except in emergency situations. Because while it is said that KKB ( ear – nose – throat physician ) cannot perform aesthetic operations, it is also performed by the aesthetic facial surgery branch, which is the top specialty of the KKB branch, as well as by General Plastic Surgeons. However, it is not appropriate for a general surgeon to perform aesthetic nose surgery.

Informed Consent-Informing

The patient must be informed and approved. In fact, according to the biotype contract, the request of the patient must be in writing. If informed consent is not made as required, the physician will be responsible for the risks of surgery that may occur. Although informed consent has been obtained, the physician may still be responsible for the medical practices that are not performed properly. It is important for the physician to write about the possibility of a fall in the nose after rhinoplasty. However, in terms of this consent to be done in terms of nose surgery, there is no legal sense in the opinion. Most of the rhinoplasty and other aesthetic operations are in the nature of a work contract. For example, someone who wants to build a statue of Atatürk Atatürk statue in agreement with the will of the sculptor included in the request, although it is unpredictable in another article of the convention for reasons due to disorders of the spirit disclaimer sculptor of the statue will not be a very valid article. After the customer has already fulfilled his / her obligation to pay, the opposite party’s performance will not be in line with the equality of the parties. The relevant provisions of the work contract in the code of obligations shall apply.

You have to make the following distinction here. The physician intervenes urgently against a person who has been in a traffic accident and no informed consent is required for this. Although all medical interventions have been performed during this intervention, the physician cannot be held responsible for this situation if other complications occur.

What Is The Medical Standard ?

The European biomedicine convention was ratified on 16.03.2004 and the 4th edition of the convention entitled “compliance with professional rules”. “any intervention in the field of health, including research, must be carried out in accordance with the relevant professional obligations and standards.”in the face of the regulation, considering the medical intervention made in the hospital is required to resolve the dispute on the basis of the provisions of this convention. 4 of the convention. the Standard referred to in the article is also a medical standard, it is undisputed, the medical standards of the contravention of the diagnosis or treatment stage or the process after intervention in the form of a deficiency or fallacy may occur. “Medical standard” for the purpose of treatment by a doctor and experimenting are required to be proven by the clinician experience and the Natural Sciences means that the current level of basic vocational and tried and known rules. It is obligatory to accept that the contract will also be applied in “aesthetic interventions” of the nature of the work.

Is it necessary to correct the error in the same doctor because of the nose aesthetic?

There is no need for the patient to go to the same doctor because of the nose aesthetic. The patient whose confidence is shaken can not be expected to go to the same doctor again.

What Is The Purpose Of Rhinoplasty?

How will the court decide according to the variable concepts such as visual and likeness in the nose aesthetic. Legal reasoning takes into account scientific data. It is obvious that the person will apply to the doctor in order to have a more beautiful image. The nose will not fall, cartilage tissue will be damaged, the nose will be crooked, such as an expectation. The contractor is under the obligation to create the work in a way that is for the benefit of the work owner and without any harm to it.

Lawsuit For Damages Due To Doctor Error

The patient’s expenses due to the error of the doctor by means of an expert, if there is a claim for moral compensation by considering a figure according to the satisfaction of the spiritual peace created in the victim should determine. For financial compensation, it is thought that the person will be obliged to pay the fee he / she has to perform a new operation in any case, although his / her demands vary according to his / her work.

How much is the cost of litigation for a nose job ?

If we say how much it would cost to make a malpractice case, the nose aesthetic case is variable according to the figure, but not too many numbers.

Nose Job Case Attorney’s Fee (Malpractice Case Fee ) )

Istanbul Bar Association’s recommendation for 2019 ;

For cases in consumer courts — > > 6,200-TL is not less than 15% of the value of the case.

Is the hospital responsible for rhinoplasty?

By acknowledging the existence of a proxy relationship between the hospital and the doctor, a lawsuit can be filed against both the hospital and the physician.

The administration will be personally responsible for operations in public hospitals. In addition, according to its own internal law, the public hospital will be able to resort to the cost paid to the doctor for the error of the doctor.

Both the doctor and the hospital will be responsible for the operations that take place in private hospitals.

The Court In Charge Of Nose Job Compensation Case

Since operations for aesthetic purposes are accepted as works contract, these disputes will be seen in consumer courts. For cases that take place in public hospitals, full judicial cases will be opened.