CIVIL RESPONSIBILITY IN POST-BARIATRIC PLASTIC SURGERY

Abstract

This article deals with the civil liability of health professionals in cases of plastic surgery in post-bariatric patients. Distinguishes the difference and lists the assumptions of civil liability and how the obligation of the health professional to attend and care for post-bariatric patients is linked. Emphasizes the constitutional right of the post bariatric patient to access health. It identifies the difference between cosmetic surgery and reconstructive surgery in order to show that the two are not the same thing, as it depends on a completely different means and purpose. It will present the legal apparatus that is most appropriate in these cases of reconstructive plastic surgery in our legal system, so that the individual undergoing bariatric surgery is assured a way to restore life and health to these patients. It will show the limit for the civil liability of the health professional with the repair of post-surgery damage. Demonstrating that there is a consumption relationship in cosmetic surgeries and this is one of the main points that differentiate aesthetics from repairing is one of the central points of the work. By highlighting such points, it is necessary to delimit how to proceed in order to guarantee the right of reparation to post-bariatric patients.