Rethinking Medical Liability in Elective Cosmetic Surgery: Legal Gaps and Ethical Challenges

Sovilj, Ranko and Vukadinović, Aleksandar (2026) Rethinking Medical Liability in Elective Cosmetic Surgery: Legal Gaps and Ethical Challenges. In: Health in All Policies – 20 Years Later. Institut of Social Sciences, Vojvodina Bar Association, Erasmus University Rotterdam – Erasmus School of Law, Belgrade, pp. 58-59. ISBN 978-86-7093-293-7

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Abstract

The increasing global prevalence of elective cosmetic procedures has reshaped traditional conceptions of medical liability in cosmetic surgery. This trend challenges established doctrines of profession- al responsibility. This expansion has occurred within a fragmented and inconsistent regulatory landscape, generating signiicant legal, ethical, and policy concerns, particularly with respect to physicians' duties to prioritize patient welfare and uphold both legal and pro- fessional standards of conduct. Elective cosmetic interventions car- ry signiicant risks of harm, with potentially serious consequences where procedures are performed by inadequately qualiied prac- titioners or involve the use of unsafe or substandard products, thereby raising critical questions concerning breach of the duty of care and the applicable standard of professional conduct.

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