No results after plastic surgery. Is the doctor liable?
Provisions of Article 282 of the Civil Transactions Law explained
Question: Four months ago, I had a plastic surgery at a private hospital and paid a large sum of money to get it done. But I did not get the result that the hospital promised me, especially since I was told the outcome would be achieved a month after the operation.
Accordingly, I went to the hospital to ask them to refund the amount I had paid. But the hospital refused. What are my rights in this regard?
Answer: You can raise a complaint against the hospital and the doctors before the Medical Committee which will study the case and issue a medical report. Based on the report, you may go to the court and appeal for refund and compensation. But assessing the merit of the claim lies with the court.
As a general rule, the doctor is not bound by the contract concluded between him and his patient, or to the success of the operation he performs. His obligation is not an obligation to achieve a result, but rather an obligation to exercise care. The doctor must exert sincere and vigilant efforts for his patient that are consistent with the established principles of medical science. The doctor can be held accountable only in certain situations.
Although a plastic surgeon, like other doctors, does not guarantee the success of the operation, the care required from him is greater than in other surgeries. This is because plastic surgery is not intended to cure the patient of an ailment in his body, but rather to correct defects in a way that does not expose his life to danger.
If the doctor deviates from performing this duty, it is considered an error that requires him to be responsible for the harm that falls on the patient. The medical liability of plastic surgeons for the operations they perform can be extracted from Article 282 of the Civil Transactions Law.