Thesis:

Title : The nature of physician commitment in cosmetic and reconstructive surgeries

The rapid growth of cosmetic and reconstructive surgeries, increasing public awareness of patients' rights, and the rising number of medical malpractice claims have made physicians' civil liability one of the most significant issues in medical law and private law. The distinctive nature of cosmetic surgery—particularly its elective character, patients' heightened expectations regarding treatment outcomes, and the necessity of comprehensive preoperative disclosure—has challenged the traditional principles governing civil liability. Therefore, clarifying the legal foundations of physicians' liability and defining the scope of their obligations in light of statutory law and legal doctrine is of particular importance. This study aims to examine the nature and legal foundations of physicians' civil liability in cosmetic and reconstructive surgeries with emphasis on the principles of private law, the Civil Code, the Civil Liability Act, and Articles 495 to 497 of the Islamic Penal Code of Iran (2013). It also analyzes the legal role of informed consent, medical discharge (bara'at), professional negligence, causation, expert opinions, multiple causes of damage, intervening external factors, and patients' contributory fault in establishing or excluding physicians' liability. From the perspective of its objective, this research is an applied study, and in terms of methodology, it adopts a descriptive-analytical approach. Data were collected through library-based research using statutes, Islamic jurisprudential sources, scholarly books, academic articles, theses, and comparative legal studies. The findings indicate that the legal relationship between physician and patient in cosmetic surgery is primarily contractual in nature. Under Iranian law, even in cosmetic procedures, the physician's obligation is generally regarded as an obligation of means rather than an obligation of result. Nevertheless, due to the specific characteristics of cosmetic surgery, physicians are subject to broader duties concerning patient information, adherence to professional and scientific standards, obtaining valid informed consent, and managing patients' reasonable expectations. Furthermore, obtaining informed consent or medical discharge does not exempt physicians from liability where professional negligence, lack of due care, violation of legal or professional regulations, or deviation from accepted medical standards is established. The study concludes that a coherent interpretation of the Civil Code, the Civil Liability Act, and the Islamic Penal Code, together with reliance on legal doctrine and judicial practice, can contribute to greater consistency in judicial decisions, stronger protection of patients' rights, enhanced legal security for physicians, and the development of a more balanced civil liability system in the field of cosmetic and reconstructive surgery

Keywords: Keywords: Physician's Civil Liability; Cosmetic Surgery; Reconstructive Surgery; Contractual Liability; Informed Consent; Medical Discharge (Bara'at); Medical Negligence; Causation