Evaluation of Medical Malpractice Claims Arising From Minimally Invasive Cosmetic Procedures in the Context of Supreme Court Decisions

Abstract

Background and Design: This study aims to evaluate the significance of physicians' obligations under contracts of work in the context of medical malpractice claims related to minimally invasive cosmetic procedures. Additionally, it will address the criteria and methodologies employed in the legal assessment of disputes arising from these procedures, particularly in light of the recent rulings by Supreme Courts. Furthermore, it will emphasize the key considerations from a forensic medical perspective. Materials and Methods: The results of the search conducted using the keywords "botox, aesthetics", "filling, aesthetics", "laser, epilation", "laser, aesthetics", "laser rejuvenation", "peeling", "derma pen", "mesotherapy", "platelet-rich plasma", and "hair transplantation" from the "https://legalbank.net/arama/mahkeme-kararlari" website revealed that all decisions on medical malpractice as a result of dermatological aesthetic procedures were included in the study. The characteristics of the procedure, the resulting damage, and the trial court and supreme court decisions were evaluated. Results: Seventy-four decisions that met the pre-established screening criteria were identified. Most decisions (83.8%, n=62) were related to laser epilation procedures. The findings revealed that the most frequent locations for the procedures were beauty centers and beauty salons, representing 58.1% of the cases. It was determined that 78.3% (n=58) of the judgments were reversed. Among the reasons for reversal, deficiencies in expert reports were noteworthy. Conclusion: A review of medical malpractice claims has revealed that most dermatological aesthetic procedures and laser epilation applications are associated with beauty centers. The decisions of the supreme courts emphasize the importance of the practitioner's authority, the obligation to inform, the management of complications, and whether the contract of work and the supervision and control responsibility of the responsible manager achieved the promised result.