Woman will be compensated after losing belly button during plastic surgery in MG

The TJMG (Court of Justice of Minas Gerais) confirmed the sentence that condemned a doctor and a clinic in Uberlândia, in the Triângulo Mineiro, to pay R$20,000 in compensation to a patient for complications following abdominoplasty and liposuction surgeries. The woman even lost her belly button due to the interventions.

The decision, released this Monday (6), also recognized that the patient has "concurrent guilt", for not having carried out pre- and post-operative care according to medical advice.

Complaint and defense
The author of the request went to court to report complications following abdominoplasty and liposuction surgeries, both in the abdominal region, which cost R$12,000.

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According to the patient, who sought the doctor due to discomfort with sagging in the region, the post-operative period was very painful, resulting in the loss of the navel and an apparent scar.

The surgeon and clinic responsible for the procedures were then taken to court by the woman, who claimed that she had not received the expected result, resulting in serious aesthetic damage and emotional suffering.

The medical professionals went to court, arguing that there was no medical error, but the client's exclusive fault. Defense lawyers said that the patient, who was a smoker, continued the habit before and after surgery, even though she was advised to stop it momentarily.

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This would have caused, on the part of the doctor and the clinic, complications in the body, including the risk of necrosis.

Compensation
Judge José Maurício Cantarino Villela, rapporteur of the case, understood that the doctor had an obligation to present the promised result, unless he was able to prove that the problem was beyond his control.

On the other hand, the patient was also blamed for taking the risk of continuing to smoke despite medical recommendations.

Still, the professional was aware that the woman, the day before the surgery, was smoking, which, for the judge, resulted in an inadequacy on the part of the medical field in carrying out the procedures.

As it was a non-urgent and exclusively aesthetic surgery, the Court understood that the doctor could have refused or postponed the operation because he was aware of the high risk of complications and, therefore, chose to assume responsibility for any possible dangers.

The decision resulted in four compensations paid to the patient, R$10,000 for moral damages, R$10,000 for aesthetic damages, R$375 for immediate surgery expenses and a 50% payment related to the expenses with the new surgery to correct the complications.

*Under the supervision of Carolina Figueiredo

Source: CNN