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Justice increases the amount of compensation to woman who was burned during laser hair removal

20/06/2014

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 


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Clinical and medical patient will have to indemnify R$ 12,000

The Court maintained the conviction of DF cosmetic clinic Prime Medical Services Physicians and medical responsible for removal of a client who suffered burns to the legs during the procedure. The decision increased the punitive damages arbitrated by the court of first instance of R$ 8000 to R$ 12000, maintaining the values of physical damage (R$ 890.58) and cosmetic damage (R$ 2000).

The customer reported that in August 2008 signed a service contract with the clinic to perform hair removal laser procedure on the legs, which was conducted by the doctor in charge. In the evaluation phase, it would have reported on the sensitivity of your skin and historical complications in conventional waxing. Despite the warning during the first session felt severe pain and reported it to doctors, who still continued the procedure. Because of this, reports had several complications and leg injuries and had to undergo four months of treatment at the clinic and other specialists. Required compensation for material damages, moral damages and cosmetic damage.

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Both the medical clinic as presented collective defense, stating that the patient had preexisting folliculitis (interlocking and by inflation) problem, and that all information about the risks and possible complications were transferred to it. Argued that complications were due to folliculitis and inflammation by the author, setting unforeseeable circumstances or force majeure. Asked for the dismissal of applications.

The judge of the 5th Civil Court of Brasilia and ordered the company to pay medical claims for material, moral and aesthetic damage. According to the magistrate, "in this case, the damage left in the records evidenced both by photographs carreadas, as by skill. The defendants, in turn, did not confirm the occurrence of exclusive fault of the victim or indeed third adept to break the causal link. In fact, the mere allegation that the procedure was performed correctly is not able to exclude the liability of both. "

The Medical Aesthetic Clinic Prime Medical Services was not found for comment on the decision.



Source: R7

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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