PROCEDIMENTOS ESTÉTICOS: UM OLHAR SOB A ÓTICA DOS ERROS E RESPONSABILIDADE CIVIL MÉDICA

Abstract

Intended as a way of exposing to society understandings about patients' rights to reparations for aesthetic damage suffered, seeking to understand, through doctrine, what can be considered a medical error and what cannot be. Research is carried out on the topic of medical civil liability in the doctor-patient contractual relationship specifically in aesthetic procedures. In order to analyze the civil liability of doctors in cases of aesthetic damage. To this end, it is necessary for specific objectives to describe medical error by taking a general approach to the obligation of means and result, finally talking about civil liability in the case of medical error, bringing differences between reparative and beautifying surgeries; Analyze civil liability and its elements, in addition, it presents a succinct explanation of material, moral and aesthetic damage, followed by an analysis of the types of liability and their exclusionary causes; Identify medical civil liability for aesthetic damage, establishing the duties of doctors and patients during the treatment period. Finally, an analysis of the understanding of the Consumer Protection Code in this legal relationship is carried out. Firstly, a theoretical approach is made regarding civil liability in the Brazilian national order. Next, we differentiate between reconstructive plastic surgery and beautifying plastic surgery and its obligations regarding the result. Two doctrinal currents are observed. A majority in which defends that the obligation of medical intervention is of result, as there is a healthy individual who undergoes a pre-determined aesthetic procedure. The bibliographic research methodology will be carried out. As for the approach to be used in the scientific article, it will be qualitative research.