Plastic surgery,"an incition form the perspective of criminal and civil law"
Authors
Sergio Andrés Dietes Calderón
Pontificia Universidad Javeriana, Bogotá - Colombia
Juan Uribe Holguín Borda
Pontificia Universidad Javeriana, Bogotá - Colombia
Keywords:
Plastic surgery, obligation of means, obligation of result, personal injuries, legal interest, fault, gross negligence, objective attribution of responsibility, criminal liability
Abstract
In the fist hand, the current article intends to study plastic surgery from a civil law perspective. Consequently, it intends to analyze the nature of the medical obligations, which are generated from surgical processes. This obligation can be of means or of result, depending on the process that the patient undergoes. Additionally, the article aims to develop a comparative law analyzes of the Spanish law legislation, which can vary depending where its endured; be it the private or public realm. Furthermore, the article studies a doctor’s liability in the criminal jurisdiction. For which it examines the type of crime related to personal injuries that is directly associated to the legal interest of the consequences derived from the medical practice. Finally, the article describes objective and subjective characteristics, with the intention of establishing different modalities of punishable conduct. These characteristics transcend to the field of objective attribution of responsibility fo