Jurisprudential-Legal Investigation of the Surgeons’ Civil Liability in Plastic Surgeries with an Emphasis on Islamic Penal Code of Law Passed in 2013

The Present Study Studies the Basics of Plastic Surgeons’ Civil Liability and, in Line With this, Proposes Issues Like the Nature of the Surgeon’s Commitment, Kinds of the Surgeons’ Liability, the Concept of Medical Error and the Commitments and Requirements of the Surgeons Doing Plastic and Reparatory Operations as Well as Many of the Other Similar Issues in the Realm of the Medical Laws. The Progress in the Medical Knowledge, on the one Hand, and the Social Necessities and the Need for the Elevation of the Sustenance, on the Other Hand, Are Factors That Have Caused the Expansion in Tendencies Towards Plastic Surgeries, Particularly During the Recent Decades. The Study Results Indicated That the Goals Intended by the Applicants of the Plastic Surgeries as Well as the Surgeons Have Somewhat Distanced Away From the Primary Goal of the Medical Operations, i.e. Prevention of Disease and Treatment of the Patients. Based Thereon, the Plastic Surgeons Should Avoid Doing Surgeries in Cases that the Disadvantages of the Treatment Outnumber the Advantages Thereof. The Physicians’ Commitment to Treatment is Intensified in Such Surgeries and Their Duty of Acquiring Conscious Consent and Providing Transparent Information is More Escalated. In the Laws of Iran, the Legislator Has Founded the Physicians’ Liability on Guilt and Assumes Default Guiltiness for Them. The Physicians and Surgeons Can Occasionally Insert the Exemption Conditions to Release Themselves of Liability “But, Considering the Descriptions of the Plastic Surgery and Necessity of Observing More Safety in Such Operations and Also Knowing That the Doing of Such Surgeries and Operations is not in Proportion to the Society’s Expediencies, It has to be Believed That the Plastic Surgeons’ Acquisition of Acquittal Cannot Cause the Dislocation of the Guilt’s Justification Load and it Only Suffices the Victim to Prove the Causality Relationship Between the Plastic Surgery and the Loss Albeit in a General Manner and, Afterwards, the Surgeon has to Prove that, Firstly, the Performed Operation has been Legitimate and Intellectual According to the Expected Interests and, Secondly, Enough Information has been Provided to the Plastic Surgery Applicant and S/he has been Made Fully Aware of the Continent Consequences and, Thirdly, the Incurred Loss has been Originated From a Factor Beyond the Control of the Surgeon; Probably the Shortcomings of the Science of Medicine or the Special Reaction of the Applicant’s Body to the Surgery and it is by Doing so That a Surgeon’s Liability Can be Dismissed”. Cite this article as: Asadi H, Kordbacheh Hossein Abad M. Jurisprudential-Legal Investigation of the Surgeons’ Civil Liability in Plastic Surgeries with an Emphasis on Islamic Penal Code of Law Passed in 2013. Iran J Med Law 2021; 15(56): e2.