Aesthetic Medicine Toning Laser Case: Excursion on the Theory of Objective Attribution and Allowable Risk
The theory of objective attribution is a theory for judging causality. When the behavior creates the risk which results in infringement of legal interest, and that risk is not allowed, then he should be responsible for it. The court in the case held the opinion that under the case of victim consent to the laser, although he or she was subjected to a second degree of burn, it was still in the range of allowable risk, so the physician as the defendant didn’t commit the crime of negligently causing injury despite violations of medical guidelines. However, this study argues that the victim’s consent to laser should not be considered as allowing a risk including a second degree burn, because it can cause an irreversible damage to the skin and should be beyond the allowable risk. And if the medical action of the defendant (physician) violates medical guidelines, he should still be responsible for the the crime of negligently causing injury.