Civil responsability for medical errors in plastic surgery Responsabilidade civil por erro médico em cirurgias plásticas
Tipo
Artigo
Data de publicação
2024
Periódico
Cadernos de Dereito Actual
Citações (Scopus)
0
Autores
Bonadio I.H.
Neto L.M.F.
de Lima P.L.S.
Neto L.M.F.
de Lima P.L.S.
Orientador
Título da Revista
ISSN da Revista
Título de Volume
Membros da banca
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Resumo
© Cadernos de Dereito Actual Nº 24. Núm.With Brazil at the pinnacle of the list of countries that most perform plastic surgery in the world, there is no doubt that the direct consequence of this is the demand, in the Judiciary, for compensation for medical errors. The doctor's civil liability will always be assessed through strict sensu guilt, requiring, therefore, a wide production of evidence, especially professional analysis. Thus, we seek to show the importance and functioning of the doctor-patient relationship, making it nerve-wracking in order to obtain the binomial clarification-consent, an effective instrument to effect guarantees of access to health and information, according to a novel study with the Brazilian Constitution of 1988 In this context, we seek to demonstrate that the doctor-patient relationship is based on the Consumer Protection Code, being, therefore, a consumerist relationship. In addition, we built a thought about the difference between obligation of means and result, facing the dilemmas and detecting a wrong position of the Superior Court of Justice when characterizing plastic surgeries for purely aesthetic purposes as an obligation of results. Thus, when the mistake is found, we work on plausible and sufficient arguments to remove it, especially in the sense that the concept of beauty is subjective and, therefore, it is possible for an individual to find deformity where another sees beauty. Based on this, we propose a review of this mistaken jurisprudential paradigm, so that the changes are implemented in our legal system in the medical field.