The Legal System of the Medical Contract in Plastic Surgeries


  • Basira Abdullah Ahmad Mahmood ,Esraa Abdulhadi Mohammed ,Ali Shaker Mahmood Mohamed


civil law, deformation occurs, external appearance, failure


The pursuit of the beauty of the external appearance may be a cumbersome matter, but plastic surgery today has made it easier, and it has become one of the most widespread medical work in recent times, and that performing it has become a luxury and not a necessity. When a person turns to a doctor for a procedure, a contractual relationship arises between them, and because there are no special rules for cosmetic medicine, it is governed by the general rules of civil law. The medical-cosmetic contract is one of the unnamed civil contracts, and it is also one of the contracts of compensation and trust and binding on both sides, so obligations arise on the two parties, the doctor is obligated by ensuring the safety of the client and informing him of all the necessary information that indicates the success and failure of continuing the process, and the doctor is required to preserve the secrets of his patients, and he does not disclose them to others, regardless of his capacity or desire. In return, the client is obligated to pay the doctor's fees and the medical work fee. A person may resort to plastic surgery to change the features of the face or body, so cosmetic operations are performed either to further improve his external appearance, or to remove the effects of age. It is usually operated because of the high standard of living of individuals and the fear of the appearance of the effects of aging and wrinkles or because of a lack of self-confidence. There is no doubt that the doctor or the client's breach of the obligations that fall upon him entails his contractual responsibility, and the tort responsibility is realized in the event of a breach of a legal obligation. However, in the field of plastic surgery, there is a contractual liability and cases in which there is a tortuous liability. The pillars of responsibility are fault, damage and causation. A medical error occurs in the field of cosmetic surgery if a deformation occurs that exceeds the original deformity, or if damage is caused or there is a disability in the function of the organs. It is not sufficient to arrange the responsibility of the cosmetic doctor to make a mistake, but rather it is stipulated that there should be damage to the patient or his relatives. And that there is a causal relationship between the error and the damage, and that the damage is a natural result of the error, so that it can be said that the error has caused the damage and that the damage resulted from that error.