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KMID : 0986720120200020115
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Korean Journal of Medicine and Law
2012 Volume.20 No. 2 p.115 ~ p.133
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Implications on Legal Nature and Responsibility for cosmetic surgery
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Choi Haeng-Sik
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Abstract
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According to increasing cosmetic surgeries performed every year, often it leads the patient misconceptions about the medical facilities and medical errors cause the actual lags behind the expected result. Thus, the patient"s desire for beauty transformed into the will to pull the physician responsible for it.
In this thesis, it is involved with the civil liability of the physician to the patient in terms of cosmetic surgery. Although the liability corresponds with cosmetic surgery in broad liability for medical treatment, but there are many issues on which the classical medical malpractice law suits only conditionally: Is the treatment contract to qualify as a service contract or a contract for work? Is a plastic surgery medical malpractice per se, since it is not primarily the health, but the beauty is? Should be imposed on the amount of informed consent because of lack of medical necessity, particularly strict requirements? Based on these questions, the author examines the extent to which the traditional medical malpractice law on cosmetic surgery.
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KEYWORD
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cosmetic surgeries, civil liability, medical malpractice, informed consent, service contract
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