A responsabilidade civil do médico na cirurgia estética.

Abstract

It's fundamental the importance of the Civil Responsability institute in our days, once it's main purpose re-establish the patrimonial balance or moral of an individual tha suffered a damage. With the technical and scientific evolution of the plastic surgery, the number of procedures has increased progressively. So, it's necessary the analysis of the plastic surgeon's civil responsibility, specialy the surgery that only has sthetics purposes. The main goal oh this study is to bring useful and actual informations about contractual responsibility that is stablished bet ween the doctor who perform the surgical procedure and his patient. When we talk about the specific goals, we focus on concept, classification, requisites and kinds of the civil responsibility, as well identify the doctor's responsibility according to the juridical order, gruing emphasis to the kind of obligation that the sthetic surgeon submits himself, it can be the way or the result. The problem consists in the consuming aspect of the contractual relation existing between the mentioned professional and his patient, as the kind of obligation stablished between them. It will use the exegetical-juridical methoy and systematic, based on relevant legislation, and the research technic adopted is the bibliographic and on documents, consulting the doctrine and jurisprudence. Lastly, we consider the possibility of all the medical obligation including the sthetic surgeon ones, being of way, not of result, because it's impossible to 100% of success besn't depend exclusively on him.