Quickly arrested for severe private damage, 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, ladies report beauty injury attributable to surgical procedures carried out in the identical non-public well being unit, comparable to burns, scars and even holes within the pores and skin.
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In one of many instances, a affected person claims to have contracted the providers of Bolívar, thought of the proprietor of the hospital and liable for all of the native reconstructive plastic surgical procedures, to take away fats from the stomach area and to implant breast implants. Within the petition, the girl stated she was compelled, shortly earlier than the process, to signal a consent kind stating that she was conscious that in “cosmetic surgery there aren’t any ensures of outcomes”, and claimed to have suffered burns reworked into keloids.
Within the attraction, he requested for the fast reparation of the medical error within the locations the place the accidents have been situated, with the execution of a brand new surgical procedure, in addition to the condemnation of the physician to compensation for non-pecuniary injury 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 injury. His request was partially accepted: the sentence decided the brand new surgical procedure and the cost of R $ 15 thousand and R $ 3 thousand respectively.
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After the choice, the Santa Branca representatives appealed to the Rio Court docket of Justice, claiming that they supplied solely the surgical heart for the non-public physician to carry out the contracted process. On 7 October 2015, decide Antonio Carlos dos Santos Bittencourt, of the twenty seventh Civil Chamber of Shoppers, rejected the attraction.
“Beauty surgical procedure is a consequence obligation, an finish in itself, to offer 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’s 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 damage, the socio-economic situation of the accused and the indeniable pedagogical and punitive foundation of the ethical injury.
In one other case, a girl claims that, within the interval between July and September 2009, she started attending the Santa Branca hospital, at all times assisted by Bolívar, given her intention to bear cosmetic surgery to take away the pores and skin in extra on the eyelid. She stated she agreed to pay R $ 3,500, however she did not get an bill. The affected person additionally stated 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 website, as in the event that they have been holes in her pores and skin, which led her to go looking a number of instances for the plastic surgeon, who continued to prescribe the identical drugs. 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 injury” .
After contacting Bolívar, the affected person reported that he had carried out a brand new process, which once more did not right 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 medication with out registration with the Nationwide Well being Surveillance Company (Anvisa), he requested for his sentence to pay BRL 7,750 for materials injury and BRL 130,000 for non-pecuniary injury.
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In attraction in opposition to the sentence, Bolívar and representatives of Santa Branca careworn 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 regularly in former people who smoke, and doesn’t imply medical error in accordance with the medical literature”.
In dismissing the attraction, Choose Luiz Roberto Ayoub, of the twenty sixth Client Civil Chamber, said that the affected person had undergone plastic beautification surgical procedure and that, on this means, “the duty is undoubtedly a consequence”. “In actual fact, the affected person’s objective is clearly to enhance her look, to right some bodily imperfections, there being little question in these instances that the physician assumes an obligation of consequence, since he undertakes to offer the affected person with the promised consequence. . Due to this fact, when the surgeon doesn’t receive the anticipated consequence for any motive, even because of the particular traits of the affected person, (…) such circumstances should not have the ability to take away the skilled’s duty for reaching the anticipated and promised consequence to the affected person “, writes the Justice of the Peace.
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“If the consequence desired by the affected person just isn’t potential, by 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 every 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 performing with the prudence that his occupation requires ”, the decide specified.
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