Medical Civil Law: The Implantation in Aesthetic Medicine against the Confirmation
The patient X had a confirmation of the material of the implantation with the counselor, before he took a rhinoplasty surgery and a surgery of pad chin in a clinic. However, the implantation, which was operated by the physician Y, didn’t identify with what they have confirmed. It caused the instability of the infilling and displacement. The X complained to the court of the Y operating against the confirmation and unfulfilling the duty of the explanation, and requested compensation. The court deemed the counselor as the agency of the clinic, and the expression of the intention also worked to the clinic. The material of the implantation against the confirmation shall be uncomplete payment. Furthermore, the Y didn’t notify the X of the material of infilling, which was against the duty of explanation. As the result, the X can request compensation according to the regulations of uncomplete payment in Civil Law.
Many physicians were accused of disobeying the duty of the explanation in the medical litigation nowadays. It shall be a breach of the major obligation of contract that the implantation which operated by the Y in this case didn’t identify with the confirmation. Besides, the risk of the implantation belongs to the duty of the explanation. It also shall be a breach of the major obligation of contract, if the physician doesn’t explain it.