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