In the realm of medical tourism, the surgery begins long before you enter the operating theater. It begins the moment you sign a document. In Turkey, these documents are not merely “formalities”; they are the primary evidence used in court to determine liability, the scope of the “promise” made to the patient, and the validity of informed consent.
At Kotan & Gökce Law Firm, we emphasize that a well-structured contract is the patient’s strongest shield. Below is an exhaustive breakdown of what these contracts must entail to be legally binding and protective under 2026 Turkish legal standards.
1. Defining the Legal Nature of the Agreement
In Turkish Law, medical contracts generally fall into two categories under the Turkish Code of Obligations (Law No. 6098):
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Vekalet Sözleşmesi (Proxy Contract): Standard for general medical treatments where the doctor promises to “perform with due care” but cannot guarantee a specific outcome (e.g., internal medicine).
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Eser Sözleşmesi (Contract for Work): Often applied to Aesthetic and Dental surgeries. Here, the patient is paying for a specific result (e.g., a specific nose shape or a full set of veneers). If the result is not achieved, the legal threshold for “breach of contract” is significantly lower.
2. Essential Clauses: What a Valid Contract Must Include
A “thin” contract is a risk. For a contract to be robust in a Turkish Consumer Court (Tüketici Mahkemesi), it should explicitly detail:
A. The Detailed Scope of Service
Vague terms like “Hair Transplant” or “Dental Package” are insufficient. The contract should specify:
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The exact number of grafts or implants.
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The specific brand and serial numbers of medical devices/implants used (Crucial for Product Liability).
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The names of the primary surgeon and the assisting medical team.
B. Financial Transparency & All-Inclusive Clauses
Under Consumer Protection Law (No. 6502), “hidden costs” are prohibited. The contract must state:
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The total fee in the agreed currency.
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What happens if a complication arises during surgery—who bears the cost of the extra intensive care or extended hospital stay?
C. Post-Operative Care & Revision Policy
One of the most common disputes involves “revision surgery.” A legally sound contract must define:
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What constitutes a “failed” result.
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The timeframe for free or discounted revision surgeries.
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Who pays for flights and accommodation if a revision is necessary.
3. The “Translation” Trap: Article 20 of the Code of Obligations
A critical error many clinics make—and which we at Kotan & Gökce frequently use to protect our clients—is the use of General Terms and Conditions (Genel İşlem Koşulları).
If a hospital provides a contract in Turkish to a patient who only speaks English or French, and that patient signs it:
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The Law: Under Articles 20-25 of the Turkish Code of Obligations, clauses that are against the interest of the consumer may be deemed “null and void” if they were not clearly negotiated or understood.
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The Requirement: A legally valid contract for a foreigner must be bilingual or accompanied by an official translation. If it isn’t, the hospital may be found to have acted in bad faith.
Official Text of Turkish Code of Obligations
4. Informed Consent (Aydınlatılmış Onam) is Not a Contract
It is a common misconception that the “Informed Consent Form” is the contract. It is not.
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The Contract governs the commercial and service relationship.
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Informed Consent governs the physical intervention.
A valid consent form must be “procedure-specific.” A generic “I accept all risks” form is often discarded by Turkish judges. It must list the specific risks associated with your body type, medical history, and the specific surgery.
Read our article on cases where Informed Concent is missing during the medical operations in Turkey: Is the Absence of Informed Consent a Ground for Non-Pecuniary Damages in Medical Interventions in Turkiye?
5. Agency vs. Hospital: The Dual-Contract Reality
Most international patients enter into two separate legal relationships:
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With the Travel Agency: For transport, hotel, and “intermediary” services.
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With the Hospital: For the actual medical intervention.
Kotan & Gökce Law Firm advises patients to ensure these two contracts do not have conflicting “Jurisdiction Clauses.” If the agency contract says “London Courts” and the hospital says “Istanbul Courts,” the patient may find themselves in a jurisdictional conundrum.
How Kotan & Gökce Law Firm Protects You in the Pre-Op Phase
Prevention is significantly more cost-effective than litigation. Our firm provides specialized Contractual Audit Services for international patients:
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Bilingual Contract Review: We review the contracts sent by your clinic or agency before you fly to Turkey to ensure they comply with Law No. 6502.
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Negotiating “Result-Oriented” Clauses: We help ensure that for aesthetic procedures, the “Eser Sözleşmesi” (Contract for Work) standards are met.
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Risk Mitigation: We identify “unconscionable clauses” (unfair terms) that attempt to waive the hospital’s liability for negligence—clauses that are illegal but commonly inserted.
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Verification: We verify the medical license of the facility and the surgeon via the Ministry of Health databases.
You can also read our comprehensive article on: Legal Support for Medical Tourists and Foreigners.
Protect your health by protecting your legal rights. Before you sign, consult with a legal professional who understands the nuances of Turkish Health Law.