take into account precautionary measures to avert patients’ nosocomial infections7. 3) Transformation of aesthetic medical interventions: The French judiciary’s view of aesthetic medicine has transformed in recent times. It used to exempt the physician from any liability for the consequences of aesthetic medical errors the patient might suffer from if there is no professional error. Today, it holds the physician responsible for the consequences of aesthetic medical errors, even if the therapeutic intervention was conducted in compliance with medical, technical and professional norms. This means that the physician has an obligation towards his patient if there is any suffering or injury due to medical malpractice, and this is in addition to making a maximum effort to avoid the patient experiencing any injury during therapeutic intervention.8 Pursuant to that, the Paris Court ruled that the physician of aesthetic medicine is liable for such medical errors despite his compliance with technical medical norms. On 23\11\1913, a physician exposed a girl to xrays to remove hair from her chin. She suffered visible scars in her face as a result, and so she sued him. The court delegated an expert to examine the case and identify if this was a result of a medical error. The expert reported that no medical error occurred and the injury caused to the patient was difficult to predict beforehand. Despite that, the court held the physician liable and ordered that he should compensate the injured girl. The court’s ruling was based on the fact that the physician used disproportionate treatment medicine for a relatively mild condition. The French Court of Cassation attributed the cause of the injury in this case to negligence by the physician because he treated a mild physical flaw as a serious injury.9 In some other cases of medical errors, a number of Arab courts ordered compensation for injured patients without laws being set to regulate such issues.10 4) Compensation for strain and stress: The French civil judiciary used to order such kind of compensation only for the family of the person who has died from medical malpractice. Today, it recognizes this kind of 7 Qasim, pp. 106-116 Munthir al-Fadil, Medical Liability for Aesthetic Surgery: comparative study, (Jordan; International Scientific House for Publication and Distribution and Culture House for Publication and Distribution, 2000), p. 71. 9 al-Fadil, p. 72. 10 : www.al3asefah.com; visited on August 11, 2011. 8 4

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