Responsabilidad civil médica en procedimientos estéticos electivos: análisis del consentimiento informado en el derecho ecuatoriano

Abstract

This study examines medical civil liability arising from the omission, inadequacy, or defect of informed consent in elective procedures in Ecuador. The thesis is based on a central premise, because cosmetic surgery is predominantly non-therapeutic in nature, it requires a stricter duty to inform than that ordinarily required in curative medicine. On this basis, the study examines the constitutional foundations of the right to health, personal integrity, self-determination, and access to health information; the applicable Ecuadorian legal framework; the relevance of lex artis; the role of medical records and consent forms as evidence; and the relationship between contractual and tort liability. This study employs a qualitative, legal-dogmatic, and comparative methodology, involving a review of national and international legislation, case law, and legal doctrine. It concludes that in Ecuador, the lack of valid informed consent may give rise to civil liability even when no technical error in the performance of the procedure is proven, when the harm affects the patient’s self-determination, or when uninformed risks materialize. Finally, legal guidelines are proposed to strengthen informed consent in cosmetic surgery, aiming to simultaneously enhance patient protection and legal certainty for healthcare professionals. Keywords: medical professional liability, cosmetic surgery, informed consent, medical records, emotional distress.