A dificuldade investigativa na apuração de erros médicos em cirurgias plásticas: um estudo sobre a responsabilidade penal por condutas culposas

Abstract

This study addresses the investigative difficulties in determining medical errors in plastic surgery, with an emphasis on criminal liability arising from negligent conduct. Given the remarkable growth of aesthetic procedures in Brazil, which holds a prominent position worldwide in this field, there has been a significant increase in lawsuits related to alleged medical errors. The research highlights the technical and legal complexity of distinguishing between complications inherent to the procedure and negligent actions subject to criminal liability, particularly since cosmetic surgeries are classified as obligations of result, implying a relative presumption of fault in civil matters. In the criminal sphere, however, the strict requirement remains to demonstrate fault and causal nexus unequivocally, safeguarding the constitutional principle of the presumption of innocence. Through a qualitative and exploratory approach, based on bibliographical, documentary, and jurisprudential analysis, the study identifies as main challenges: the complexity of determining the causal link, the limitations of forensic medical examinations due to high technical specificity, the subjectivity of patients’ expectations, and the subtle distinction between natural complications and negligent conduct. Forensic expertise is identified as an essential element in clarifying the causes of adverse events, despite existing technical limitations and obstacles. Jurisprudential analysis reinforces the need for concrete and technical evidence in establishing criminal liability, highlighting the current challenges faced by the investigative system. The study concludes that investigative mechanisms must be improved to ensure a balance between protecting patients’ rights and preserving legal security for medical professionals.