Our new civil code gives a new meaning to the cosmetic surgery contract. Given that this medical agreement is innominate, we believe that it is essentially a contract for services. Yet what makes it distinctive is the fact that the surgeon operates on a healthy organ. Cosmetic surgery is not a vital necessity but instead is based entirely on aesthetic appearances. In this light, the validation of the contract is handled very differently from a traditional medical contract. The goal of the cosmetic surgery contract is to render surgical services for the purpose of relieving the distress caused by a physical deformity. The capacity to exercise and consent is very restrictive in this field, a factor that is dictated by the non-urgent nature of the surgery and the fact that it leaves permanent results. We can conclude that consent in cosmetic care surgery requires the complete disclosure of risks and obliges the surgeon to refuse the surgery if the risks are disproportionate with its benefits.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.23439 |
| Date | January 1995 |
| Creators | Hacala, Jean-Daniel |
| Contributors | Crepeau, Paul-Andre (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001481446, proquestno: MM12304, Theses scanned by UMI/ProQuest. |
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