Art medical use of technical and responsibility

Abstract

The medical art has as its object and purpose of human beings, linking the medical liability action to invent and apply the methods ethically defensible. It is considered that the responsibility is closely linked to the concept of ‘free man’ who is liable for the acts committed. It is a legal duty on grounds of breach of an obligation. Liability could be translated into a fact intentional or incompetence, recklessness or negligence, or even at risk. It is held in the replacement of damaged to the status quo ante, while maintaining legal certainty in relation to the injured and compensatory civil sanction. In this vein, this study is justified by the need to improve knowledge on civil liability, its assumptions, in order to demonstrate liability in medical work, the possible application of the Code of Consumer Rights and the particularities of medical practice in Aesthetic Plastic Surgery. The hypothesis to be developed in this paper is that, because of the peculiarities of the medical field (medical art), even if the results of the treatments are not desirable in certain circumstances and followed proper procedures, you can set up situations of exclusion liability.