A doctor and a plastic surgery clinic were sentenced to pay almost BRL 60,000 for “unattained beauty”. The patient underwent breast reduction surgery and did not get the desired result. The decision to award damages was made by the decision of the 2nd Civil Court of Mafra County on the northern plateau of Santa Catarina.

The reporter believes that the doctor did not fulfill his contractual obligations, as the cosmetic result was not achieved – Photo: Freepik / Disclosure / ND

According to the case file, the woman had hypertrophied, sagging breasts with an asymmetry between them, which is why she applied for beautifying plastic surgery. The decision was announced on Wednesday (12).

However, the outcome of the procedure was not satisfactory. Asymmetry between the breasts was revealed, as well as a discrepancy between the position and volume of the nipples. The doctor denies any negligence.

In the 1st degree, the plaintiff’s claim was not accepted, based on the understanding that there was no medical error, fault or omission on the part of the specialist. When applying to the TJ-SC (Court of Santa Catarina), the case received a different understanding.

The speaker felt that the doctor had failed to fulfill his contractual obligations, as a cosmetic result had not been achieved and that the specialist had not properly informed about the risks of asymmetry. “The defendant committed a contractual offense (failed to achieve the promised result), causing moral, material and aesthetic damage,” the decision says.

The Chamber also unanimously deplored the lack of sensitivity of the doctor, considering that his operation gave a “good result” after the stabilization phase, since there was only a “slight asymmetry” between the patient’s breasts.

For members of the board, the photographic records demonstrate, by comparing before and after, that the goal of improvement has not been achieved.