NÓBREGA, S. Q.; http://lattes.cnpq.br/9480433299047725; NÓBREGA, Silvia Queiroga.
Abstract:
This work, "Liability in Medical Aesthetic Plastic Surgery" is a prominent theme in the
field of liability and Medical Law, in view of the increasing number of cases that were
or are part of physicians for their performances at work. The actions seek to repair
the damage, moral and aesthetic, from the plastic aesthetic interventions The
research aimed to bring useful information to operators of the right in order analyze
the relationship between doctor and patient, observing, in a clear concise, the
damage that may occur in surgery and aesthetic character of the consequent forms
of reparation. We used the methods and literature-exegetic legal. The first production
was in consultation to existing literature on the subject, collecting up the definitions
and views of doctrine experienced in the area, as well as professionals in the medical
field. The second method was used to collect information on legislation and case law
applicable to the case of damage aesthetic, seeking to establish the parameters of
accountability of medical professionals. The first chapter discusses the procedures
for accountability, which are a liability, criminal and disciplinary, contractual and tort,
subjective and objective. In the second, there was the general focus of responsibility,
such as assumptions of liability and ways to their exclusion. The third chapter, is
about notions of liability of the physician, focusing on the legal nature of medical
responsibility and the concept of the obligation of means and result. Finally, the
fourth chapter, deals with the peculiarities of the aesthetic plastic surgery, as the lex
artis ad hoc, the aesthetic damage, the clause in the contract does not indemnify
medical and cosmetic surgery and the obligation of means and result. Therefore, this
work is a subject that arouses the interest of lawyers, doctrine, and law students from
throughout the community.