Responsabilidade civil do cirurgião plástico em virtude do erro médico

Abstract

The present work aims to analyze how the plastic surgeon's civil liability is defined as a result of medical error. The objective is to demonstrate how the purpose of cosmetic surgery influences the modality of the assumed obligation and, consequently, the form of guilt assessment. The research methodology is exploratory, qualitative, through bibliographic, legislative and jurisprudential review. Thus, it will be demonstrated that when the surgical intervention has an aesthetic purpose, it is said that the doctor assumed an obligation of result, and, in case of damage to the patient, the burden of proof will be reversed and the physician's guilt will be assumed, and attach to the records evidence that is capable of evading its responsibility. Otherwise, if the purpose of plastic surgery is restorative, the doctor assumes the obligation of means, being necessary for the patient to prove that the doctor acted with guilt if he eventually caused harm. In addition, it will be demonstrated that informed consent gains a relevant role in the assessment of guilt, because it is through him that the doctor delimits his obligations. Finally, the civil liability of the hospital where the surgical procedure that causes damage to the patient will be analyzed.