Post by account_disabled on Jan 24, 2024 23:14:30 GMT -5
Due to scars measuring up to 13 centimeters after undergoing plastic surgery, a woman will receive R$50,000 in compensation for moral, material and aesthetic damages. The decision, from the 2nd Court of Itanhaém (SP), was taken based on the expert report. reproduction The author of the action was left with a 13 cm scar on her abdomen. reproduction According to the expert who analyzed the case, the causal link was proven, in addition to moderate aesthetic damage to the navel and supra-umbilical regions. "According to the medical literature researched, the professional did not use the abdominoplasty liposuction procedure on the patient with a scientifically appropriate and desirable technique," he explained.
The judge highlighted in his decision the Buy Phone Number List expert's analysis of the medical procedures used in the surgery. The technician highlighted that “they were not complied with according to what the rules and work say”, as the umbilical hernia should have been closed, which would have reduced the scar, which was 13 centimeters long. The expert also claimed that there was no pre-existing condition that would justify a scar “as high as the one presented”. “Thus, there is proof of the medical error, the damages suffered by the author and the author and the causal link between them, presuppositions of the civil liability attributed to the defendants, which makes the duty to compensate certain”, added the judge. Based on this, the judge ordered payment of R$30,000 for moral damages, R$20,000 for aesthetic damages and R$7,200 for material damages.
For Marciane, there is no individual value related to intimacy or privacy that could be violated with the measure. “It is clear that providing the consumer with the number originating the telephone call received is not to be confused with the disclosure of registration data, nor with the disclosure of the content of the conversation, which are protected by confidentiality. Therefore, there is no violation of constitutional rights”, she considered. The occurrence of collective moral damage occurs because, according to the judge, the company affected the entire community, especially its customers. "By denying the provision of the history of incoming calls, the company caused undue harm to its customers, as well as to the authorities responsible for promoting the criminal investigation," says the ruling.
The judge highlighted in his decision the Buy Phone Number List expert's analysis of the medical procedures used in the surgery. The technician highlighted that “they were not complied with according to what the rules and work say”, as the umbilical hernia should have been closed, which would have reduced the scar, which was 13 centimeters long. The expert also claimed that there was no pre-existing condition that would justify a scar “as high as the one presented”. “Thus, there is proof of the medical error, the damages suffered by the author and the author and the causal link between them, presuppositions of the civil liability attributed to the defendants, which makes the duty to compensate certain”, added the judge. Based on this, the judge ordered payment of R$30,000 for moral damages, R$20,000 for aesthetic damages and R$7,200 for material damages.
For Marciane, there is no individual value related to intimacy or privacy that could be violated with the measure. “It is clear that providing the consumer with the number originating the telephone call received is not to be confused with the disclosure of registration data, nor with the disclosure of the content of the conversation, which are protected by confidentiality. Therefore, there is no violation of constitutional rights”, she considered. The occurrence of collective moral damage occurs because, according to the judge, the company affected the entire community, especially its customers. "By denying the provision of the history of incoming calls, the company caused undue harm to its customers, as well as to the authorities responsible for promoting the criminal investigation," says the ruling.
