Análisis de la Responsabilidad Profesional en Cirugía Plástica, Estética y Reparadora

Abstract

My work at A.M.A (Agrupación Mutual Aseguradora), the Health Professionals 'Insurance Company, has kept me constantly in touch with both court and out of court claims against plastic surgeons, undoubtedly one of the areas of medicine in which the highest number of claims is filed. It is also one of the least known areas of medicine. When we speak of plastic surgery, most people think of cosmetic surgery and not the treatment of major skin loss (from burns, abrasions or any other physical or chemical reason). Plastic surgery also has a feature that makes it particularly interesting from a legal perspective: the obligation of result, qualified or not, which the courts have been applying since 1999. I believe plastic surgery to be the best area to observe the recent development of "obligations of means" and "obligations of result" in Spanish courts. It is the best example of what occurs to a lesser extent in other areas of medicine and health professions. For all legal experts, it is obvious that plastic surgery is the paradigm of "voluntary medicine "...