To Condition to the Result in Unnecessary Cosmetic (Fantasy) Surgeries

Subject Areas : All jurisprudential issues

Ali Reza Mashhadizadeh ¹ (دانش‌آموخته‌ی دکتری دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، رشته‌ی حقوق خصوصی، تهران، ایران)
Mansour Amini ² (دانشیار دانشگاه شهید بهشتی، گروه حقوق خصوصی، تهران، ایران)

Received: 2011-11-13 Accepted : 2011-11-13 Published : 2011-09-23

Keywords: Responsibility, Contract, Obligation of Mean, Obligation of Result, Cosmetic Surgery, Liability, Failure,

Abstract :

Issues related to physician's liabilityis as old as the science of law itself. This article has been written while considering abundant studies carried out on the principle of physician's liability with presuppositions like doctor's responsibility, the requirement to prove the doctor's failure case of obtaining innocence, etc. which has turned into common statement and jurisprudence. The current study is trying to prove that the relation between doctor and patient is contractual in most cases. Even in unnecessary cosmetic (fantasy) surgeries, the doctor is obliged to the result; and in case of failing to obtain the [expected] result, the doctor is considered as the defiant of the contract and the guarantor of breaching the contract commitments. No reasons exempting physician's liability such eshesan principal cannot be enforced in this commercial relation