An unexpected scar

An unexpected scar

"Several years ago I had a hair transplant, but unfortunately the operation left me with a scar several centimetres long. What can I do about it?"

Sabrina, Geneva

In the context of medical operations, a doctor's civil liability does not arise automatically if the expected result is not obtained; rather, it depends on the circumstances of the case in question.

Although the patient's requests are aimed at obtaining a concrete result, as in the case of cosmetic surgery, the contract between the doctor and the patient is a contract of mandate. Consequently, the doctor is the patient's agent and his obligation is not to ensure the success of the operation, but only to provide treatment in accordance with the rules of the art and to take all reasonable precautions to ensure the success of the operation. The Federal Court recognises that medical procedures and treatments entail unavoidable risks, even if all due diligence is observed. As the success of an operation can never be guaranteed, the doctor's duty is based on two central obligations: the duty to inform and the duty to exercise due care.

The doctor's duty to inform the patient means that the patient must be given information about the treatment and the risks of the operation in clear, intelligible terms that are as complete as possible, for example with regard to the presence of scars. This duty to inform is necessary because the patient must be able to give informed consent to the planned operation.

A doctor's duty of care implies respect for the rules of the art, the practices of medicine and the principles commonly accepted by the medical profession. He must therefore exercise all the care that might reasonably be expected of a doctor in the same situation. Consequently, if an operation leaves after-effects, it is necessary to determine whether these are the result of chance or of malpractice on the part of the doctor.

In any event, you should not delay too long if you intend to bring an action for compensation against your doctor, as the limitation period is one year from the date on which the injured party became aware of the damage.