actions for medical negligence in opposition to the plastic surgeon arrested for the affected person’s imprisonment

Briefly arrested for severe private harm, conspiracy and false imprisonment of a affected person on the Santa Branca Hospital, Duque de Caxias, Baixada Fluminense, Ecuadorian plastic surgeon Bolívar Guerrero Silva, 63, has a number of sentences for compensation for ethical damages deriving from medical errors. Within the lawsuits, girls report beauty harm attributable to surgical procedures carried out in the identical personal well being unit, similar to burns, scars and even holes within the pores and skin.

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In one of many circumstances, a affected person claims to have contracted the providers of Bolívar, thought-about the proprietor of the hospital and accountable for all of the native reconstructive plastic surgical procedures, to take away fats from the belly area and to implant breast implants. Within the petition, the lady mentioned she was compelled, shortly earlier than the process, to signal a consent kind stating that she was conscious that in “cosmetic surgery there are not any ensures of outcomes”, and claimed to have suffered burns reworked into keloids.

Ecuadorian plastic surgeon Bolivar Guerrero Silva Picture: Copy

Within the attraction, he requested for the quick reparation of the medical error within the locations the place the accidents have been positioned, with the execution of a brand new surgical procedure, in addition to the condemnation of the physician to compensation for non-pecuniary harm within the quantity of 80 (eighty salaries minimal)), estimated on the time at R $ 49,760, and the reimbursement of R $ 9,700 for materials harm. His request was partially accepted: the sentence decided the brand new surgical procedure and the fee of R $ 15 thousand and R $ 3 thousand respectively.

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After the choice, the Santa Branca representatives appealed to the Rio Courtroom of Justice, claiming that they supplied solely the surgical middle for the personal physician to carry out the contracted process. On 7 October 2015, choose Antonio Carlos dos Santos Bittencourt, of the twenty seventh Civil Chamber of Shoppers, rejected the attraction.

“Beauty surgical procedure is a end result obligation, an finish in itself, to supply the one that performs it with an optimization of the physique design. The hyperlink between the doctor and the clinic is obvious, firstly from the confession within the dispute that the doctor is a member of the clinic, and secondly, as a result of there may be clear proof of the hyperlink when the practitioner prescribes medical therapy in a kind with the stamp of the Defendant Clinic ”, wrote the Justice of the Peace underlining the seriousness of the harm, the socio-economic situation of the accused and the indeniable pedagogical and punitive foundation of the ethical harm.

The private hospital has urgent and emergency services, as well as other specialties
The personal hospital has pressing and emergency providers, in addition to different specialties Picture: Cléber Júnior / 20-01-2017

In one other case, a girl claims that, within the interval between July and September 2009, she started attending the Santa Branca hospital, all the time assisted by Bolívar, given her intention to endure cosmetic surgery to take away the pores and skin in extra on the eyelid. She mentioned she agreed to pay R $ 3,500, however she did not get an bill. The affected person additionally mentioned that after the process she used an ointment utilized by the physician to hurry up therapeutic.

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Within the petition, the affected person claims that she started to note defects on the operation web site, as in the event that they have been holes in her pores and skin, which led her to look a number of instances for the plastic surgeon, who continued to prescribe the identical medication. On March 23, 2010, with none enchancment, she says she went again to the clinic to request her medical information and paperwork, which she was denied, having been knowledgeable that she needed to go to her physician “to restore the harm” .

After contacting Bolívar, the affected person reported that he had carried out a brand new process, which once more didn’t appropriate the discrepancies and, regardless of the filling of the ensuing holes from the primary operation, new failures have been made. The lady claimed to have spent greater than three months with out leaving the home, ashamed of her face. After studying that the surgeon had been arrested, accused of promoting or utilizing medicine with out registration with the Nationwide Well being Surveillance Company (Anvisa), he requested for his sentence to pay BRL 7,750 for materials harm and BRL 130,000 for non-pecuniary harm.

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In attraction in opposition to the sentence, Bolívar and representatives of Santa Branca confused that “there was no medical error, solely problems foreseen by the medical literature as potential” and said that the affected person is a former smoker and the complication that’s verified “happens ceaselessly in former people who smoke, and doesn’t imply medical error in keeping with the medical literature”.

In dismissing the attraction, Choose Luiz Roberto Ayoub, of the twenty sixth Shopper Civil Chamber, said that the affected person had undergone plastic beautification surgical procedure and that, on this approach, “the duty is undoubtedly a end result”. “In truth, the affected person’s objective is clearly to enhance her look, to appropriate some bodily imperfections, there being little question in these circumstances that the physician assumes an obligation of end result, since he undertakes to supply the affected person with the promised end result. . Due to this fact, when the surgeon doesn’t acquire the anticipated end result for any cause, even because of the particular traits of the affected person, (…) such circumstances would not have the ability to take away the skilled’s duty for attaining the anticipated and promised end result to the affected person “, writes the Justice of the Peace.

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“If the end result desired by the affected person will not be potential, by means of the modality she has chosen, the physician should notify her instantly and, relying on the precise case, refuse to carry out the surgical procedure. Due to this fact, if the candidates state that each one the problems that occurred, and there have been many, have been solely because of the plaintiff’s personal physique, together with one of many causes she was a former smoker, the physician ought to have refused to carry out the process, thus appearing with the prudence that his occupation requires ”, the choose specified.

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