Patient eller konsument? - Ansvarsutkrävande vid felaktiga skönhetsingrepp
Sammanfattning: Cosmetic procedures can lead to injuries or dissatisfaction with the cosmetic result. For a long time, people have criticized the beauty industry in Sweden for lacking customized and clear regulation. The purpose of this essay is thus to, on the basis of a legal dogmatic method, investigate and problematize the possibility of financial liability in the case of incorrect cosmetic procedures carried out in Sweden. My first research question discusses which cosmetic procedures that can be said to fall within the scope of the health care concept. I claim that if the assessment would depend on whether the cosmetic procedure requires medically trained staff and thus medical competence, at least heavier types of cosmetic procedures and lighter types of cosmetic procedures, such as injections with fillers or Botox, could be considered to fall within the concept of health care. It is, however, possible to object that cosmetic procedures cannot be regarded as health care at all and therefore only can be regarded as a consumer service. I would therefore describe the legal situation as unclear. My second research question concerns to what extent someone who has suffered from an incorrect cosmetic procedure may demand financial compensation. Since there is no customized and clear regulation, the economic issues have instead been dealt with gradually in case law. The essay deals with the problems of liability both as a patient and as a consumer. Even in this part, the legal situation is unclear in many ways. For an injured party to succeed using Patient Injury Insurance Act (patientskadelagen) the cosmetic procedure must, among other things, be reagreed as a treatment injury or material damage. For an injured party to succeed in using an analogous application of the Consumer Services Act (konsumenttjänstlagen), the cosmetic procedure must, among other things, be regarded as incorrect, for example by deviating from what the injured party is entitled to demand in terms of professionalism or what may otherwise have been agreed between the parties. My third research question debates whether the existing possibilities to financial liability are reasonable. Requesting compensation as a consumer or patient is associated with great uncertainties. The legal situation can thus be criticized and should give rise to a future legislative review.
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