CIVIL LIABILITY OF PLASTIC SURGEONS IN BEAUTIFUL AESTHETIC PROCEDURES
DOI:
https://doi.org/10.54578/unesc.v7i2.419Abstract
On the subject of medical civil liability, the aim is to specifically address the liability of plastic surgeons who carry out strictly aesthetic procedures, since this issue still causes doubts among legal operators and generates divergent opinions. With this in mind, the aim is to create a historical and conceptual path until, having prepared the reader, we introduce the main theme of this article, which deals with the application of the civil liability of doctors as being subjective with presumed or objective guilt, and its respective consequences and implications. This is therefore a bibliographical and jurisprudential study, by means of an integrative review, which aims to study the opinion of the best doctrine, as well as the position of the higher courts, in addition to analyzing how the Brazilian legal system stands on this issue. In addition, the majority of doctrine, as well as the courts, take the view that the plastic surgeon’s obligation in aesthetic procedures is one of results and, as stated above, may have objective or subjective civil liability with a presumption of guilt. In short, in view of the studies carried out, it can be seen that the aforementioned liability cannot be objective. This issue stems from the lack of legal provision and/or application of risky activity, in addition to the fact that the Civil Code and the Consumer Defense Code clearly demonstrate the application of subjective liability, taking into account that there are scholars who confuse the concepts and their respective applicability, as well as courts that differ in the application of the typicality of liability, which can lead to insurmountable difficulties for doctors involved in such disputes.
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