A responsabilidade civil médica na cirurgia plástica estética

ABSTRACT This paper deals with general liability, medical civil liability, medical civil liability in cosmetic surgery within the current Civil Code and the Consumer Code. The approach of the subject medical error, aiming at a systematization in the reasoning is starting from the general one, preceded by a brief history of the medical civil liability and medical civil responsibility in the plastic aesthetic surgery, exposing initially as it is characterized, conceptually, within the juridical concepts, the existence of an irregular conduct of the doctor that gives rise to the obligation to indemnify the patient for suffering. The need for the presence of guilt, in the course of the medical professional was evaluated. Contractual and non-contractual aspects are analyzed, possibly existing in this legal relationship, as well as the responsibility of means and result, entering into the assumptions and their characterizations. The objective of this work is to analyze relevant issues of civil liability, medical civil liability and medical civil liability in cosmetic plastic surgeries, questioning the role of this professional in society and the legal instruments available in our legal system for the defense of patients victims of procedures that are characterized as "unlawful acts" or cause "damages", so that they are repaired. The focus has been conducted in the light of doctrine, which makes it possible to know how doctrinators are dealing with matter. Thus, civil liability is not an exclusive phenomenon of the legal life, but is linked to all the domains of social life. The doctor-patient relationship encounters legal divergences that need to be remedied under civil law and consumer law.