LEGAL ANALYSIS OF MEDICAL CIVIL LIABILITY IN AESTHETIC PROCEDURES: A STUDY ON NEGLIGENCE, MEDICAL ERROR AND THE PROTECTION OF PATIENTS’ RIGHTS

Abstract

Preserving the health of individuals is one of the priorities of the Brazilian state, as human dignity depends on quality public services. The 1988 Federal Constitution says that this is one of the social rights presented in the caput of article 6. In practice, this right is provided in public and private hospitals through the work of medical and nursing professionals, all of whom are hired and paid to provide their services in the best possible way. Therefore, it is up to them to act appropriately to the proposed case, taking the care that the situation requires, aiming for a cure or the best possible treatment. However, there are situations in which the patient is admitted to hospital to undergo a certain aesthetic procedure and ends up being affected by non-existent damage, whether resulting from an unexpected case or due to a mistake in care. These situations should be avoided, especially because life is a human being's most precious asset. For all of the above, this scientific research analyzes the civil liability of Brazilian doctors, through bibliographical research, also pointing out the investigation via an administrative ethical process, and in the end pointing out the possibility of establishing compensation for the patient victim of medical error.