Since dental treatment is a medical intervention, the physician must act with care, just as in other medical interventions. However, it is important whether the procedure performed here is for treatment purposes or whether it is an aesthetic procedure such as prosthesis, veneers, whitening.
If a procedure with an aesthetic dimension is in question, a classical treatment procedure can no longer be mentioned in accordance with the practices of the Court of Cassation, and the physician’s commitment to the result is also in question here. In other words, in addition to acting in accordance with the duty of care, the physician must also have realised the shape and result that he undertook to occur as a result of the procedure he performed.
This content has been automatically translated into English from the Turkish original.
Av. Arb. Bahadırhan Tabak
He completed their bachelor's degree at Istanbul University Faculty of Law and their master's degree in Public Law at Çankaya University. He is currently pursuing a PhD in Medical Law at Medeniyet Üniversitesi. Starting his career as a judge, TABAK served in Elazığ and Ankara for a period of time. Most recently, while serving as a judge at the 15th Civil Chamber of the Court of Cassation, which acts as a higher court reviewing legal disputes arising from aesthetic operations, he resigned from the judiciary and transitioned to private practice. Currently, he is registered with the Istanbul Bar Association as an attorney and mediator, focusing primarily on Health Law in his legal practice. Click Here For Detailed Information