Abstract

The article discusses the issue of a doctor’s potential professional liability for the performance of a plastic surgery. The issue cropped up as a result of a position presented by the Supreme Court in its decision of 26 May 2021, I KK 23/21, concerning liability of a dentist for having performed a breast enlargement procedure by applying a preparation working as a prosthesis in a liquid form. In the opinion of the Supreme Court the abovementioned medical procedure may be treated as a medical service; in consequence, however, as a manifestation of performing a medical profession it may be subject to assessment from the viewpoint of professional misconduct. The author present an opposite view as regards such qualification of a medical procedure.