Analysis of the Differences in Criminal Liability of Physicians in Cosmetic Surgery Compared to Other Types of Surgery

Abstract

Criminal liability in medical practice represents a critical legal mechanism designed to ensure accountability and protect patient safety, particularly in surgical interventions that involve inherent risks to bodily integrity. While criminal liability principles apply to all physicians, cosmetic surgery presents unique legal challenges due to its elective nature, absence of therapeutic necessity, and heightened patient expectations. Unlike therapeutic and reconstructive surgeries, which are performed to treat disease, restore function, or prevent deterioration of health, cosmetic procedures are undertaken voluntarily to improve physical appearance. This distinction fundamentally affects the legal justification for surgical intervention, the standard of professional care required, and the allocation of legal responsibility. The present study aims to analyze and explain the differences in criminal liability of physicians in cosmetic surgery compared to other types of surgical procedures. This research adopts a doctrinal and analytical legal method, examining criminal law principles, medical law standards, and professional obligations governing surgical practice. The findings indicate that cosmetic surgeons face greater exposure to criminal liability due to the lack of medical necessity, stricter standards of care, increased importance of informed consent, and heightened judicial scrutiny in cases involving adverse outcomes. In cosmetic surgery, informed consent plays a decisive role in establishing legal justification, yet it does not eliminate liability in cases of negligence, lack of competence, or violation of professional standards. Furthermore, the allocation of legal risk in cosmetic surgery shifts more heavily toward the physician, as the elective nature of the procedure removes the protective justification associated with therapeutic necessity. The study concludes that cosmetic surgery represents a legally sensitive area of medical practice, requiring physicians to exercise exceptional professional diligence, ensure full compliance with legal and ethical standards, and maintain strict adherence to professional competence in order to avoid criminal liability and protect patient rights.