In health tourism, if an advertisement or treatment promise contrary to the facts has influenced the patient’s decision to enter into a contract and undergo surgery, a refund of the fee, a price reduction and, if the conditions are met, compensation may come into question. A mistake in the surgical technique is not necessarily required for this. However, an advertising violation alone does not mean that all losses will be compensated: the content of the promise, who made it, its effect on the patient’s decision, the service provided and the alleged loss are examined together. [K1, K2]
A foreign patient often decides without meeting the physician face to face, on the basis of social media content, an intermediary’s messages and an online price quote. For this reason, the examination cannot be reduced to the consent form on the day of surgery. The process must be documented, from the first advertisement the patient saw to the moment of payment, and from the last medical consultation to discharge. This article deals in particular with being steered into treatment through deception and with the legal consequences of promises. The liability of an intermediary for all of its services is the separate subject of article no. 29, and the unauthorized sharing of patient photographs is that of article no. 24.
Which promotions in health tourism raise legal problems?
Being misleading does not arise only from an expressly false sentence. Using a real photograph as if it were the result of a different procedure, concealing a significant risk, or presenting a person with a specialty that the person does not hold can also influence a decision. The headline, image, description, the page the advertisement links to and the messages sent afterwards should be assessed together. [K1, K3]
For example, a statement such as “this method leaves no scar” differs from an explanation of the recovery period, the possibility of a visible scar and results that depend on individual characteristics. A statement such as “internationally certified” is likewise examined in terms of the authenticity of the certificate, the issuing organization, the authority it provides and the impression it creates on the patient. A training certificate cannot be substituted for a specialty or subspecialty recognized in Türkiye. [K3]
| Element of the promotion | Issue to examine | Records worth preserving |
|---|---|---|
| Claim of certain success or a risk-free procedure | Scientific basis, individualized explanation and concrete commitment | The whole advertisement, quote, correspondence from consultations |
| Before-and-after images | Same person, same procedure, shooting conditions and image alteration | Original post, its caption and access date |
| Specialty or institutional title | Actual license, specialty and the person who will provide the service | Physician’s name, institutional title, authorization document |
| Discount or package price | Included services, mandatory additional charges and campaign conditions | Price quotes, contract, invoices |
| Patient experience or influencer post | Genuine experience and the commercial relationship that must be disclosed | Sponsor information, referral link and messages |
Not every dissatisfaction is misleading advertising. The explanation on which the expectation was based must be shown. Conversely, the fact that the service is medically acceptable does not by itself justify changing the physician, method or package content stated in the advertisement. Medical suitability, conformity with the contract and honest promotion are separate questions. [K1, K2]
Promotion aimed abroad has special rules
The Regulation on Promotional and Information Activities in Health Services dated November 12, 2025 contains, in addition to the general rules on health promotion, a special Article 8 on international health tourism. Online explanations bearing earlier dates may not reflect this distinction. Two generalizations are also incorrect: “no sponsored content can be used in health” and “all advertisements aimed at foreign patients are free.” [K3]
Using a foreign language alone is not sufficient
An institution operating under an authorization certificate must use a separate website or social media platform aimed abroad, state clearly that it provides services within the scope of health tourism, and comply with the relevant language requirements. Official languages other than Turkish are regulated for sponsored promotion. No targeting that would generate demand among persons living in Türkiye may be carried out; the conditions of the regulation are observed with regard to the domestic target audience and automatic targeting. Publication of the authorization certificate is also provided for. [K3]
Under the same article, patient stories, comments, visual content and discount announcements may be used under certain conditions. However, this possibility does not permit fake comments, altered results, treatment not actually provided, or success claims with no scientific basis. Methods that are prohibited in Türkiye or that have no permission to be applied cannot appear in international promotion either. [K3]
An intermediary cannot present itself as a hospital
An intermediary’s promotion is limited to its own field of service. When sharing a treatment offered by a healthcare facility, it must explain at which facility the service is provided and that it is not itself a healthcare facility. The rules on web address, trade name, license and trademark use also aim to let the patient understand who the real counterparty is. A patient corresponding with one account yet paying an entirely different company is therefore a situation that must be investigated; it is not proof of unlawfulness by itself. [K3]
The HealthTürkiye logo and other institutional requirements prescribed for healthcare facilities likewise do not replace verification of the authorization certificate. The presence of a logo on a page cannot be interpreted to mean that the Ministry guarantees the specialty of every physician or the outcome of every treatment. [K3]
The liability of intermediary organizations is examined separately in our article on intermediary and agency liability in health tourism.
How can before-and-after photographs mislead the patient?
It is not sufficient that the person in the photograph is the same. The shooting angle, lighting, makeup, posture, the time elapsed after the procedure, additional interventions and digital alterations can make the result look different from what it is. The visual content rules in the promotion legislation and the provisions specific to health tourism apply together. Claiming the results of a procedure actually performed by another physician, or using a stock image as if it were a real patient’s result, also gives rise to a separate accuracy problem. [K3]
A patient’s consent to the sharing of his or her image does not make the misleading presentation of that image lawful. Conversely, the fact that an advertisement is truthful does not remove the obligations relating to the patient’s privacy. Consent to treatment, permission to share photographs and the accuracy of commercial promotion are assessed separately. [K3, K4]
A patient who believes the result was presented misleadingly should preserve not only his or her own post-operative photograph but also the original version of the advertisement that influenced the decision. When making the comparison, it is important to obtain an expert opinion on the medical recovery period. A permanent failure cannot be inferred from an image taken in the early recovery period alone.
For the unauthorized use of patient photographs, see our article on unauthorized sharing of patient photographs and health information.
A guarantee of success and a commitment to an aesthetic result do not call for the same examination
Giving a measured explanation of a treatment’s benefit, alternatives and likelihood of success differs from saying that a particular result will certainly occur. Claims such as “the same result for everyone,” “no risk at all” or “certain cure” should be questioned as to their scientific and legal basis. If a statistic is given, it must be clear which patient group, which period and which success criterion it relates to. [K3]
The result of the work must be made concrete in aesthetic surgery
For interventions with a purely aesthetic purpose, the approach of the Court of Cassation (Yargıtay) to the contract for work (eser sözleşmesi) is significant. The examination may not be limited to whether the physician exercised the necessary care; whether the agreed aesthetic result was brought about is also investigated. That said, not every medical intervention automatically has the same legal nature. The purpose of treatment, functional problems, the procedure undertaken and the content of the agreement are assessed together. [K2, K5]
What must be made concrete are the surgical area, the intended change, the limits accepted, the unavoidable scars, the role of the simulation and the conditions under which a revision would come into question. The ideal appearance in the patient’s mind and the result the physician actually undertook cannot be equated. Conversely, a commitment to a result given expressly in messages or in a personalized plan cannot be neutralized automatically by saying “it was an advertisement.” [K1, K2, K5]
A consent form does not by itself remove an earlier promise
Consent is free and understood approval of the intervention to be performed, the risks and the alternatives. A commitment to a result under a contract for work, on the other hand, concerns the content of the performance undertaken by the contract. A general sentence such as “I accept all risks” does not by itself explain which aesthetic result was promised or about which risks the patient was actually informed. [K2, K4, K5]
Where an advertisement says “scarless result” and a standard form immediately before surgery refers to the likelihood of a conspicuous scar, the timing, the clarity of the explanation, the patient’s language and the patient’s ability to reconsider the decision are examined. Signing in a foreign language does not by itself prove that the text was understood. The content of the translation and the identity of the person who gave the explanation should also be entered in the record. Provisions that exclude liability in advance are examined separately under Article 115 of the Turkish Code of Obligations (TBK) and the review of unfair contract terms in consumer contracts. [K1, K2, K4]
Why do an influencer’s recommendation and an undisclosed commercial relationship matter?
The commercial nature of a post made in return for payment, a free procedure, a discount or another benefit must not be concealed. The Ministry of Trade (Ticaret Bakanlığı) guideline on social media influencers requires that an advertisement be distinguishable and that the relationship of benefit be disclosed in an appropriate manner. Whether the person making the post actually experienced the treatment is also important. [K6]
However, using an “advertisement” label does not remove the special limitations on health services. The promotion conditions for health tourism, patient privacy and professional authorization rules apply separately. Even where a disclosure has been made, a false specialty or a claim of certain success may be legally problematic. [K3, K6]
As for compensation, not everyone who makes a post is automatically held liable on the same footing as the physician. Who prepared, approved and published the content, what benefit they obtained, and what kind of decision the patient made because of that content are investigated. The obligations of the advertising agency, influencer, intermediary and hospital under administrative legislation should not be confused with their private-law liability toward the patient. [K1, K2, K6]
On what legal grounds can a refund and compensation be based?
Rights of choice arising from a defective service
Article 13 of Law No. 6502 on Consumer Protection also treats a service that lacks the features stated by the supplier or contained in its internet portal, advertisements and announcements as a defective service. The relationship of the advertisement to the contract is therefore direct. The means of proof in Article 14/2 relating to statements not originating from the supplier must also be taken into account; not every third-party post can be unconditionally attributed to the supplier. [K1]
When the conditions are met, the appropriate one of the rights to have the service performed again, free repair of the resulting work, a reduction of the price or rescission of the contract may be exercised. In a health service, a repeat operation or revision cannot be imposed without regard to the patient’s bodily integrity and new consent. The refund calculation is likewise made taking into account the independent services actually provided, the scope of the violation and the legal route chosen. [K1, K4]
Not being bound by the contract because of fraudulent misrepresentation
If deliberate misleading is involved, the provisions on fraudulent misrepresentation in Article 36 of the Turkish Code of Obligations and the following articles may come into play. The relationship between the false information and the patient’s decision to contract is important. If the person who deceives is a third party, statutory conditions such as the other party knowing, or being in a position to know, of the deception are examined separately. Not every deficiency in an advertisement automatically constitutes fraudulent misrepresentation or fraud in the sense of criminal law. [K2]
The one-year period in Article 39 of the Turkish Code of Obligations, which depends on learning of the deception, matters for declaring that one is not bound by the contract or for demanding back what was given. This period is not a common statute of limitations for all compensation claims. Different claims in the same file may have different periods. [K2]
Proof of additional losses
New treatment costs, unnecessary travel and accommodation, loss of income or items of bodily injury may be asserted. The connection of each with the unlawful conduct and its amount must be shown. It cannot be said that all of the patient’s holiday expenses or every more expensive alternative treatment will automatically be covered. The report on the treatment performed abroad, its necessity, its invoice and its relationship with the first procedure are important. [K2]
Non-pecuniary damages are likewise not tied only to the advertisement being disliked. The violation of bodily integrity or of personality rights, the seriousness of the event and the relevant statutory conditions are assessed. Double recovery cannot be made for the same loss through a refund of fees, an insurance payment and compensation; claims and payments must be separated item by item. [K2]
How should judicial and administrative decisions be read?
The Court of Cassation assessed the aesthetic result and technical fault separately
In its decision of March 19, 2025, numbered E. 2024/1507, K. 2025/1137, the 6th Civil Chamber of the Court of Cassation discussed an aesthetic intervention around the eyes. Besides the assessment of technical fault and complications in the file, the realization of the result undertaken under the contract for work became important. The Chamber issued a decision of reversal on the ground that liability should be accepted and an examination carried out in terms of compensation. [K5]
This decision is not directly a social media advertising case. The connection here is that, in an aesthetic intervention, the promised result carries legal significance separate from the technical medical assessment. The decision does not mean that compensation is automatically paid in every aesthetic dissatisfaction or that a particular amount has become final.
An Advertising Board decision is not a compensation award
File No. 2026/1249 in the meeting bulletin No. 368 dated April 9, 2026 of the Advertising Board (Reklam Kurulu) contains a sanction of stopping advertisements, in a health tourism context, concerning promotion in Turkish, the expression “free preliminary examination” and posts about surgical results. The bulletin also states separately the date of the content as reviewed and the link between the old and new legislation. [K7]
The significance of this administrative decision is that it shows that an authorization certificate does not make every statement in a promotion legitimate. No refund or compensation was awarded to a patient in the decision. For the patient’s own claim, the service relationship, the loss and causation must be established separately. The regulation in force on the date of the event and the regulation in force on the date of the decision should also be distinguished from each other.
Which evidence should be preserved before the advertisement is deleted?
Instead of a single cropped screenshot, it is more useful to preserve the context of the post. The account name, web address, the whole text, the image or video, the date to the extent visible and information about the commercial relationship should be kept together. Original files must not be altered; the translation should be prepared as a separate document. Electronic records may be treated as documents under Article 199 of the Code of Civil Procedure (HMK); objections to authenticity and attribution are examined separately. [K8]
- Record separately the date you saw the advertisement and the dates of the first application, quote and payment.
- Export WhatsApp and email correspondence while preserving its integrity; do not rely only on selected messages.
- Compare the names of the physician, company and hospital with the payment document and contract.
- Explain which feature of the advertisement influenced your decision, separating it from expectations that arose later.
- For a changing page or the risk of deletion, consider options for lawful documentation and, where necessary, court-ordered preservation of evidence.
Notarial verification or another method of recording can help show on which account the content actually appeared; it does not by itself prove that the advertisement is medically accurate. Entering another person’s account unlawfully or disseminating confidential personal data is not an acceptable way of gathering evidence. [K8]
Application routes and time limits differ according to the claim
An application to the Provincial Health Directorate (İl Sağlık Müdürlüğü) can provide an examination in terms of health promotion legislation and authorization conditions. An application to the Advertising Board, on the other hand, concerns the commercial advertising and unfair commercial practice aspect. If there is a personal data violation, an application to the data controller and KVKK routes may also come into play separately. None of these applications by itself suspends the time limits of all private-law claims. [K1, K3]
If a private health service is a consumer transaction, consumer legislation is examined in terms of subject-matter jurisdiction, monetary threshold and mediation as a condition precedent to litigation. The same route cannot be applied by rote to a public hospital, a claim directed only at the intermediary, an insurer or a foreign company. Instead of writing only the brand in the petition, it is important to identify the actual legal entity and the concrete liability. [K1, K2, K9]
A foreign patient’s being in his or her own country does not prevent access to Turkish courts. However, international jurisdiction, the applicable law, a choice-of-law clause in the contract and the effect of a lawsuit filed in a foreign country are examined separately. It is necessary to assess the consumer contract protection in Article 26 of the Law on Private International and Procedural Law (MÖHUK) and the exceptions concerning performance of the service in another country. The conclusion that “because the patient is a foreigner, the patient’s own country’s law applies in every case” cannot be drawn. [K9]
In a defective service, Article 16 of Law No. 6502, in a tort Article 72 of the Turkish Code of Obligations, in fraudulent misrepresentation Article 39, and the other periods according to the legal nature of the contract must be checked together. Distinctions such as gross fault, fraudulent misrepresentation, whether the contract is a contract for work or a mandate, and a longer criminal statute of limitations can change the result. One should not proceed on the assumption that ongoing refund negotiations by themselves protect the time limits. [K1, K2]
For the general framework concerning foreign patients, see the guide to malpractice and compensation for foreign patients; as other related articles, the articles on patient death and transport of the body and errors in IVF treatment and the page on medical malpractice and physician error cases may be reviewed.
How are the advertisement, consent and claim separated in an example case?
Hypothetically, suppose a patient pays the package price after a particular surgeon’s “scarless tummy tuck” post. On arriving in Türkiye, suppose the patient meets a different physician; suppose a standard Turkish form is signed on the morning of surgery, and afterwards a need for renewed treatment arises because of a conspicuous scar. This example is not a real case.
The review requires three separate questions. First, it is determined whether the physician and result promised were included in the contract. Second, it is examined whether the patient was sufficiently informed about the method to be applied and the likelihood of a scar. Third, whether the existing scar is the ordinary result of the procedure, a defective performance, or a loss connected to a technical error is explained through expert assessment. The same document cannot answer all of these questions on its own.
When preparing a refund request, the advertisement link, quote, payment, changed physician information, consent and new treatment report should be connected to one another. If the package price, additional treatment and travel items are shown separately instead of a blanket statement such as “let all my expenses be paid,” resolving the dispute becomes more concrete. This method clarifies the scope of both settlement negotiations and judicial review.
Conclusion
In health tourism, misleading advertising may not remain merely a breach of a promotion rule; it can affect the patient’s decision to contract, consent and compensation rights. Particularly in aesthetic surgery, the promised result, express consent and an exclusion-of-liability clause are not the same thing. A sound assessment compares the original content of the advertisement with the actual service, and determines separately the role of each counterparty and the basis of each item of loss. The rights of a foreign patient should likewise be assessed not through generalizations about country, language or payment channel but through the applicable rules and preserved records.
Frequently Asked Questions
If there is no technical error in the surgery, can a refund be requested because of misleading advertising?
Yes, if the conditions exist. The service’s lack of the features stated in the advertisement or contract is a defective service matter separate from technical error. The scope of the refund is determined according to the violation, the service provided and the legal right chosen. [K1]
Does signing the consent form mean giving up all advertising promises?
No. The subject matter of the consent, the risks disclosed and the actual contract terms are examined. A standard risk-acceptance sentence does not by itself remove an earlier concrete commitment or liability for fault. [K2, K4, K5]
Are before-and-after photographs completely prohibited in health tourism?
Such a conclusion cannot be drawn for all situations. The visual content provisions of the current regulation and the conditions specific to international health tourism are assessed together. The obligations regarding truthfulness, target audience and patient rights continue. [K3]
Is writing “advertisement” sufficient in an influencer post?
No. The commercial relationship must be disclosed; the rules on health promotion, scientific accuracy, authorization and privacy must also be complied with. A label does not make an unlawful health claim lawful. [K3, K6]
If I complain to the Advertising Board, will my money be refunded directly?
No. The Board’s stopping an advertisement or imposing an administrative sanction is not an order of payment to the patient. The appropriate private-law route is pursued separately for fee and loss claims. [K1, K7]
If the social media account deleted the advertisement, does the possibility of suing end?
No. Previously obtained records, messages, quotes, witnesses and other lawful evidence can be assessed. However, the disappearance of the content may make proof harder; preserving it intact at the earliest possible stage is useful. [K8]
Is the two-year period always applied in a claim of fraudulent misrepresentation?
No. The one-year period tied to learning of the deception, which applies to the notice of not being bound under Article 39 of the Turkish Code of Obligations, differs from the periods for compensation and defective service. Which right will be exercised should be determined at the outset. [K1, K2]
Can I seek my rights without coming back to Türkiye?
Many applications can be carried out through a representative. The conditions of a power of attorney, translation and verification of foreign documents, and any personal examinations the court may request, are assessed separately. Being in a foreign country does not by itself eliminate the claim. [K8, K9]
Sources and legal bases
K1 — Law No. 6502 on Consumer Protection; in particular Articles 5, 13–16, 61–63, 68, 73 and 73/A. Current official text.
K2 — Law No. 6098, Turkish Code of Obligations; in particular Articles 20–25, 36–39, 49, 54, 56, 58, 72, 112, 115–116, 146–147 and 470–478. Current official text.
K3 — Regulation on Promotional and Information Activities in Health Services, Official Gazette (Resmî Gazete) of November 12, 2025, No. 33075; in particular Articles 5–8 and 10–12. Full text within the Ministry of Health website.
K4 — Patient Rights Regulation, in particular Articles 15, 18, 24 and 31; also Constitutional Court, Ahmet Acartürk, Application No. 2013/2084, October 15, 2015, in particular §§56, 67–71. Constitutional Court official announcement, full text of the decision, login may be required.
K5 — Court of Cassation, 6th Civil Chamber, E. 2024/1507, K. 2025/1137, March 19, 2025. Reversal in terms of aesthetic result and the contract for work; it has not been used as an advertising lawsuit or as a finalized compensation amount. Full text of the decision, login may be required.
K6 — Advertising Board, Principle Decision No. 2021/2 dated May 4, 2021; Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers. Ministry of Trade announcement and link to the guideline.
K7 — Advertising Board, press bulletin of meeting No. 368 dated April 9, 2026, file 2026/1249. It is an administrative sanction of stopping advertisements. Official bulletin.
K8 — Law No. 6100, Code of Civil Procedure, in particular Articles 189, 190, 199, 219–220 and 400–405. Current official text.
K9 — Law No. 5718 on Private International and Procedural Law, in particular Articles 24, 26, 34, 40 and 45; subject-matter jurisdiction and the nature of the dispute are assessed separately. Current official text.