CIVIL LIABILITY OF MEDICAL PROFESSIONALS FOR ERRORS IN COSMETIC SURGERIES

Abstract

The civil liability of medical professionals, particularly in cosmetic procedures, is one of the most controversial areas of contemporary law. Unlike reconstructive or emergency procedures, cosmetic surgeries are elective in nature and aim to achieve the individual's personal satisfaction, which directly impacts the nature of the surgeon's duty. In this context, this discussion aims to analyze the specificities of physicians' civil liability for errors in cosmetic surgeries, seeking to understand how legal doctrine and case law have considered the duty to deliver results in these cases. Methodologically, the study is guided by a qualitative approach, with a literature review, as well as case law analysis in rulings from the Superior Court of Justice (STJ) and state courts. The results demonstrated that case law, for the most part, identifies the obligation to achieve results in cosmetic surgeries, presumes the professional's fault in the event of failure, and strengthens the duty to provide information as a crucial instrument of the contractual relationship. Furthermore, it is observed that hospitals and clinics respond objectively, according to the precepts of the Consumer Protection Code, guaranteeing greater safety for the patient. It is concluded that civil liability in aesthetic procedures has been consolidated within a more rigorous legal framework, aiming to balance the professional autonomy of the physician and the protection of the rights of the consumer-patient.