A responsabilidade civil do cirurgião plástico perante o erro médico.

Abstract

The Medical Civil Liability of the provision of services brings in its bulge various discussions, among them, the responsibility of the medical plastic surgeon. The work was based on research and legal literature, employing the deductive method based on concepts and general principles of civil liability, to thereby develop the analysis of the liability of physicians, mainly of the plastic surgeon. One approached the existing divergences between contractual or extra contractual, objective or subjective medical and patient relationship, bringing afloat, also, the old questioning of the distinction between ethics and right and, especially, of the interchange of these two cultural sciences. The medical civil liability also alludes to the tenuous line that separates to the obligations of result of the way obligations, hindering questionings in doctrine and jurisprudence regarding the classification of the deriving obligation of the medical activity to be of way or result. Highlights are, also, the clause not to indemnify in medical contracts, as well as, the medical error, in the modalities error of diagnosis and error of treatment. Moreover, the medical civil liability front to the Code of Consumer Protection was studied, having approached the reversal of the burden of proof. Finally, it deals with the issue of medical liability in aesthetic plastic surgery, where one studies the issue of the legitimacy of these types of surgeries, the peculiarities that involve them, the problematic of the aesthetic damage and the considerations concerning the duty of information that the physician charges to observe.