Criminal liability in medical intervention in an esthetic surgery

Abstract

Introduction: Medical intervention, especially in the field of plastic surgery, is a delicate activity in which health professionals must act with great skill and knowledge. However, concerns arise regarding the possible legal consequences for those doctors who, through negligence or incompetence, and lack of objective duty of care, harm their patients. Objectives: The fundamental objective of the research is to determine the criminal responsibility that falls on the doctor in surgical interventions, especially in plastic surgeries, to ensure a good right to health. An attempt was made to delve deeper into the way incompetence, ignorance, negligence, and lack of objective duty of care are judged and punished in this field. Methodology: To achieve a holistic understanding of the topic, a qualitative approach was adopted, theoretically based on scientific and jurisprudential data extracted from indexed journals. In addition, a comparative analysis of the law in Spain, Colombia and Chile was conducted, with the purpose of discerning the legislation pertinent to the criminal responsibility of health professionals in these countries. Conclusion: After an exhaustive review, it is concluded that failure to act with due sense in medical activities that put human life at risk may have legal consequences. However, criminal liability could not be precisely determined in the specific area of plastic surgeries in Ecuador, despite these being the interventions with the highest number of incidents and fatal outcomes in the country.