أساس مسؤولية جراح التجميل و طبيعتها القانونية في القانون المدني الأردني : دراسة مقارنة

الملخص EN

This study aims to define the base of the liability of cosmetic surgeon, his liabilities and responsibilities, and to clarify the differences between cosmetic surgeries and other surgeries.

The findings of this study reveal that the necessity dictates that it is allowed to make cosmetic surgeries to present human beings, created by almighty Allah, in good appearance, not for the sake of change but to relieve the physical and psychological pain of mankind.

Moreover, cosmetic surgeries have an economic dimension due to the fact that it can increase the likelihood of getting job opportunities.

Both Islamic sharea and Islamic doctrines distinguish between two types of cosmetic surgeries, the first one is for the purpose of treatment which is allowed, and the second one is for the purpose of prettiness which is forbidden.

Moreover, the French legislation impose strict rules and regulations to practice cosmetic surgeries.

According to the Jordanian civil law, the base of the liability of the cosmetic surgeon, as a result of negligence might cause either direct or indirect damages to the patient, is a contractual liability due to violation of agreed upon contract terms.

This finding contradicts the treatment in other compared laws that put emphasis on error as a base of surgeon liability.

Based on that, the liability of cosmetic surgeon is contractual when there is a contract and the surgeon violates contract, terms and his liability is considered negligence, in case he/she does not follow due professional care when there is no contract.

The required professional care is a very special one that is different from other professional care in other medical fields, which is the modern trend of the French jurisdiction.

Finally, the researcher recommends adding cosmetic surgeries for treatment purposes to the insurance through a clear text in the Arabian legislations and to regulate beauty surgeon's liabilities, and determine due professional care, like the French legislation.