Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery.

Kennedy, A

Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery.

Kennedy, A

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Publisher:: THOMSON REUTERS AUSTRALIA LTD
Publication Type:: Journal Article
Citation:: J Law Med, 2015, 23, (1), pp. 137-155
Issue Date:: 2015-09

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Field	Value	Language
dc.contributor.author	Kennedy, A https://orcid.org/0000-0002-0334-6037
dc.date.accessioned	2024-03-07T23:42:00Z
dc.date.available	2024-03-07T23:42:00Z
dc.date.issued	2015-09
dc.identifier.citation	J Law Med, 2015, 23, (1), pp. 137-155
dc.identifier.issn	1320-159X
dc.identifier.uri	http://hdl.handle.net/10453/176318
dc.description.abstract	The practice of cosmetic surgery is constructed as psychologically beneficial. This therapeutic promise transforms cosmetic surgery into proper medical treatment. However, there is emerging evidence that a significant percentage of cosmetic surgery patients suffer from the condition of Body Dysmorphic Disorder (BDD), which is characterised by excessive preoccupation with imagined or minor defects in appearance. BDD is uniformly identified as a strong contra-indication for cosmetic surgery. Articles in scholarly journals on cosmetic surgery identify the "red flag" indicators to assist in screening out problem patients. However, a close examination of the most common indicators reveals that most are ineffective in identifying BDD in prospective patients. This article also considers the legal liability of cosmetic surgeons who operate on patients with BDD, and concludes that there is little likelihood of liability in trespass or negligence under current Australia law.
dc.format	Print
dc.language	eng
dc.publisher	THOMSON REUTERS AUSTRALIA LTD
dc.relation.ispartof	J Law Med
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	11 Medical and Health Sciences, 18 Law and Legal Studies, 22 Philosophy and Religious Studies
dc.subject.classification	4203 Health services and systems
dc.subject.classification	4804 Law in context
dc.subject.mesh	Australia
dc.subject.mesh	Body Dysmorphic Disorders
dc.subject.mesh	Humans
dc.subject.mesh	Liability, Legal
dc.subject.mesh	Patient Selection
dc.subject.mesh	Surgery, Plastic
dc.subject.mesh	Humans
dc.subject.mesh	Surgery, Plastic
dc.subject.mesh	Patient Selection
dc.subject.mesh	Liability, Legal
dc.subject.mesh	Australia
dc.subject.mesh	Body Dysmorphic Disorders
dc.subject.mesh	Australia
dc.subject.mesh	Body Dysmorphic Disorders
dc.subject.mesh	Humans
dc.subject.mesh	Liability, Legal
dc.subject.mesh	Patient Selection
dc.subject.mesh	Surgery, Plastic
dc.title	Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery.
dc.type	Journal Article
utslib.citation.volume	23
utslib.location.activity	Australia
utslib.for	11 Medical and Health Sciences
utslib.for	18 Law and Legal Studies
utslib.for	22 Philosophy and Religious Studies
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
dc.date.updated	2024-03-07T23:41:59Z
pubs.issue	1
pubs.publication-status	Published
pubs.volume	23
utslib.citation.issue	1

Abstract:

The practice of cosmetic surgery is constructed as psychologically beneficial. This therapeutic promise transforms cosmetic surgery into proper medical treatment. However, there is emerging evidence that a significant percentage of cosmetic surgery patients suffer from the condition of Body Dysmorphic Disorder (BDD), which is characterised by excessive preoccupation with imagined or minor defects in appearance. BDD is uniformly identified as a strong contra-indication for cosmetic surgery. Articles in scholarly journals on cosmetic surgery identify the "red flag" indicators to assist in screening out problem patients. However, a close examination of the most common indicators reveals that most are ineffective in identifying BDD in prospective patients. This article also considers the legal liability of cosmetic surgeons who operate on patients with BDD, and concludes that there is little likelihood of liability in trespass or negligence under current Australia law.

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http://hdl.handle.net/10453/176318