Responsabilidade civil médica nas cirurgias plásticas estéticas.

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.