THE Superior Court of Justice (STJ) maintained a decision that condemned a plastic surgeon, this Tuesday (10), to compensate a patient for an unsatisfactory result in plastic surgery of mammoplasty. The decision was made after analyzing the professional’s appeal.
Minister Maria Isabel Gallotti, rapporteur of the case, based her decision on jurisprudential understanding on responsibility in aesthetic plastic surgeries and the Consumer Protection Code (CDC) . The sentence considers that, even with appropriate technique, the doctor did not prove the absence of guilt for the negative result.
According to the lawsuit, the patient claimed worsening breast aesthetics after the surgical intervention. Previous instances judged there to be worsening aesthetics . Although the CDC establishes subjective liability for plastic surgeons, the presumption of guilt and reversal of the burden of proof apply to the case.
The rapporteur’s vote considered that, for strictly aesthetic surgeries, there is an obligation to obtain results. For the STJ, art. 6th, VIII, of the CDC requires the professional to demonstrate not only the absence of fault or the presence of unpredictable factors, but also the achievement of a satisfactory result according to common criteria, and not exclusively subjective to each patient.
Even though according to the technique used, the doctor did not prove that the failure resulted from factors external to his performance, and the obligation to indemnity due to lack of postoperative aesthetic improvement. According to the judge, the lack of post-surgery aesthetic improvement, assessed according to usual standards, resulted in the maintenance of the compensation.
This content was originally published in Doctor is condemned for not achieving “aesthetic common sense” in silicone implants; understand the case on the CNN Brasil website.
Source: CNN Brasil
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