Post by anik4400 on Feb 22, 2024 2:27:25 GMT -5
Which resulted in the ratification of the United States Constitution in 1789, the framers idealized the judiciary as the weakest and most impartial of the three branches. Over time, the Judiciary moved away from this ideal, due, in large part, to judicial activism, which significantly expanded the power of judges. And the line between the judge and the legislator has become blurred, according to the William & Mary Bill of Rights Journal website . The methods of selecting judges in the USA have become politicized, both for electing judges and for appointing them, which involves politicians from the executive and legislative branches. And the question of the professional’s merit was left aside. These selection methods present an apparent contradiction by placing judges, who should maintain a position of impartiality, in the role of ordinary politicians, says the website. Theoretically, judicial independence means that judges are free to decide cases based solely on the facts and the law. Thus, judges should be protected from political, legislative and financial pressure, as well as from special interests, the media, the public or individuals.
But this is not the case in the USA, according to the document published by the website.By verifying the presence of the causal link, the 9th Chamber of Private Law of the Court of Justice of São Paulo reformed the sentence to condemn an aesthetics clinic for failures in the application of botox and filling of dark circles, which caused injuries to a patient. Freepik Freepik TJ-SP changed its previous decision as it understood the clinic's responsibility According to the records, after carrying out the aesthetic procedu Vietnam WhatsApp Number re at the defendant clinic, the author developed ophthalmological problems, such as eyelid retraction, pain and dry eyes, sequelae that can persist for up to three years. Furthermore, she suffered important facial changes, such as paralysis and asymmetry. The action was dismissed in the first instance, but the TJ-SP understood that the clinic was responsible for the damages caused to the author. To this end, the rapporteur, judge Edson Luiz de Queiroz, relied on medical expertise that concluded that there was a causal link between the changes in the author's face and the application of substances by the defendant.
Therefore, given that the incorrect application of botulinum toxin and the filling of dark circles with hyaluronic acid is true, as stated in the document, the defendant's responsibility for providing a deficient service, to the detriment of the plaintiff, remains evident, with the intended compensation being appropriate ( to a lesser extent)", he stated. The judge also highlighted that the clinic did not present the author's medical records, even with the determination to add the document to the case file. According to the rapporteur, there was inaction on the part of the defendant, a fact that was also highlighted in the medical examination. "The presentation of the patient's medical record, involving an aesthetic procedure on 2/17/2018, would enable a clear analysis of the procedure carried out, notably regarding the application sites of the contracted substances on the patient. More than that, it should be included in the process, aiming to assist the instruction.
But this is not the case in the USA, according to the document published by the website.By verifying the presence of the causal link, the 9th Chamber of Private Law of the Court of Justice of São Paulo reformed the sentence to condemn an aesthetics clinic for failures in the application of botox and filling of dark circles, which caused injuries to a patient. Freepik Freepik TJ-SP changed its previous decision as it understood the clinic's responsibility According to the records, after carrying out the aesthetic procedu Vietnam WhatsApp Number re at the defendant clinic, the author developed ophthalmological problems, such as eyelid retraction, pain and dry eyes, sequelae that can persist for up to three years. Furthermore, she suffered important facial changes, such as paralysis and asymmetry. The action was dismissed in the first instance, but the TJ-SP understood that the clinic was responsible for the damages caused to the author. To this end, the rapporteur, judge Edson Luiz de Queiroz, relied on medical expertise that concluded that there was a causal link between the changes in the author's face and the application of substances by the defendant.
Therefore, given that the incorrect application of botulinum toxin and the filling of dark circles with hyaluronic acid is true, as stated in the document, the defendant's responsibility for providing a deficient service, to the detriment of the plaintiff, remains evident, with the intended compensation being appropriate ( to a lesser extent)", he stated. The judge also highlighted that the clinic did not present the author's medical records, even with the determination to add the document to the case file. According to the rapporteur, there was inaction on the part of the defendant, a fact that was also highlighted in the medical examination. "The presentation of the patient's medical record, involving an aesthetic procedure on 2/17/2018, would enable a clear analysis of the procedure carried out, notably regarding the application sites of the contracted substances on the patient. More than that, it should be included in the process, aiming to assist the instruction.