Dental negligence

The same rules as for doctors

Dentists are bound by the rules that apply to doctors: the patient’s prior consent, in writing for major surgery (Law 1219 art. 70), compulsory professional liability insurance (additional art. 12) and the Ministry of Health’s permission before a criminal investigation (Law 3359 additional art. 18). A dentist may do all professional work to protect the health of the teeth, gums and directly connected tissues of the mouth and jaw, to diagnose and treat their diseases and irregularities, and to rehabilitate them. A specialist title for a branch of dentistry requires a specialist certificate (Law 1219 art. 29).

Which court hears a claim, the application to a state hospital, limitation, expert reports and the criminal route are explained under medical negligence. This page covers what is particular to dental work and to patients who travel to Türkiye for it.

Implants, crowns and other dental work

Consumer law covers both mandate (vekâlet) and contracts for work (eser) (TKHK art. 3). Where a dental service is defective (art. 13), the patient can choose re-performance, free repair of the resulting work, a price reduction or rescission, each together with damages under the Code of Obligations (art. 15). The route a claim takes depends on what is asked for:

Whether a court treats implant or prosthetic work as a contract for work or as a mandate is not settled. Both carry five-year contract periods, but for a contract for work the general ten years applies where the dentist, through gross fault, did not perform the work, or did not perform it properly (TBK art. 146, 147). The clinic answers for the dentists and staff it uses to treat the patient; for a service that needs a licence, a clause excluding that liability is void (TBK art. 116).

Dental tourism and the 2025 regulation

The International Health Tourism and Tourist Health Regulation (Resmî Gazete, 26 April 2025) replaced the 2017 regulation. It covers people who come from abroad for treatment and expressly includes Turkish citizens living abroad (art. 2, 4). Patients covered by a social-security agreement fall outside it unless they agree to pay as health tourists (art. 2).

The Ministry can suspend or cancel an authorisation (art. 9, 16). The regulation sets duties; liability itself is decided under the Code of Obligations and consumer law. The same rules cover cosmetic surgery, hair transplants and other treatment for patients from abroad (medical negligence).

Claiming from the UK or elsewhere abroad

• Which court. Turkish courts’ international jurisdiction follows the domestic venue rules (MÖHUK art. 40). A clinic can be sued where it is based and, in tort, also where the act was done or the damage occurred (HMK art. 6, 16).
• Which law, in contract. A choice of law in the contract applies (MÖHUK art. 24). The special rule for consumer contracts does not apply where the service has to be provided outside the consumer’s country of habitual residence (art. 26). Without a choice, the law most closely connected to the contract applies, presumed to be that of the clinic’s place of business; for treatment in Türkiye that will usually be Turkish law (art. 24).
• Which law, in tort. The law of the country where the act was done applies; if the damage occurred in another country, that country’s law applies instead. Where the case is more closely connected with some other country, that country’s law applies. After the event, the parties may choose the law expressly (art. 34). How this applies to an injury that shows only after the patient returns home is not settled.
• Small claims. An application to the consumer arbitration committee (tüketici hakem heyeti) can be made where the consumer lives or where the transaction took place (TKHK art. 68); for a patient living abroad, that in practice means the place in Türkiye where the transaction took place.
• Security for costs. A foreign claimant must give security for costs set by the court, unless exempt on grounds of reciprocity (MÖHUK art. 48). Whether UK nationals are exempt has not been confirmed.
• Documents. The UK and Türkiye are both parties to the Hague Apostille Convention.

From the UK, the usual steps are:

1. Get your records. Ask the clinic in writing for the itemised invoice, X-rays, CBCT scans, prescriptions and the list of materials used; it must hand them over free of charge (regulation art. 12). Every patient may also copy their file (Patient Rights Regulation art. 16).
2. Have the work examined where you live. A dated report from a dentist records the defect.
3. Work out the dates. Two years from treatment for the consumer claim (TKHK art. 16) and two years from learning of the damage in tort (TBK art. 72); plan around the earlier one.
4. Choose the route. Below the yearly value limit, the consumer arbitration committee (TKHK art. 68); above it, mediation and then the consumer court (art. 73/A).
5. Arrange representation. A representative in Türkiye needs a power of attorney given at a Turkish consulate, or notarised in the UK with an apostille; see giving a power of attorney from the UK.

A worked example (hypothetical). A patient who lives in the UK has implant treatment completed at a clinic in Türkiye on 12 May 2025. Back home, an implant fails on 9 March 2026, and she learns that day what went wrong. The consumer-law period ends on 12 May 2027, two years after treatment, even though the defect showed later (TKHK art. 16). In tort, two years from learning gives 9 March 2028, within ten years of the treatment (TBK art. 72). Counting two years from the failure would miss the consumer-law date by almost ten months. If she applies for mediation, the days from the application to the final minutes do not count (HUAK art. 18/A).

Deadlines in one place

Mistakes that cost dental patients their claims

• Counting from when the implant failed. The consumer period runs from treatment (TKHK art. 16).
• Flying home without the records. The clinic must hand over X-rays, other images, prescriptions and the list of materials free of charge, but only when asked (regulation art. 12).
• Paying an agency without a breakdown. The agency must itemise its fees (art. 12), and it answers for its own services (art. 6).
• Mixing up a fee dispute and a compensation claim. A dispute over the fee alone goes to the civil court of peace and lapses after two years (Law 1219 art. 71); compensation follows consumer law and the Code of Obligations (TKHK art. 15; TBK art. 72).
• Not checking the authorisation. A clinic or agency serving health tourists needs a certificate that cannot be transferred (art. 5), and its website must show its accreditation or certificate (art. 13).

Documents to prepare

• The treatment plan and quote; the itemised invoice (regulation art. 12).
• X-rays and CBCT scans from before and after treatment; implant brand and serial-number cards.
• Messages with the clinic or agency; the agency contract; both firms’ authorisation details.
• Dated photographs; a report on the defect from a dentist where you live.
• Travel and accommodation receipts.
• A power of attorney if you will be represented in Türkiye.