Consumer law at the facial harmonization clinic

Many orofacial harmonization (HOF) clinics think in terms of the professional council, health surveillance and LGPD (Brazil's data protection law), but forget that, in practice, the relationship with the patient is also a consumer relationship. Brazil's Consumer Defense Code (CDC) has rules on information, advertising, contracts, pricing, billing and liability that generally apply to the clinic's service. Ignoring them usually ends in complaints to Procon (the Brazilian consumer protection agency), on complaint platforms and in lawsuits.

This guide offers a practical map: at which points of the patient journey the CDC appears, which precautions reduce risk and how to organize documents and service. It is not a legal opinion: how it applies to your case must be confirmed with a lawyer, according to current legislation and your council's rules. For the terms, see Consumer Defense Code.

At which points of the patient journey does the CDC appear?

How do offers and ads bind the clinic?

In general, what is advertised or promised in a sufficiently precise way can bind whoever made the offer. So:

• Review ads, bios and captions thinking about what someone could demand later.
• Avoid promises of results, of no pain and of fixed duration.
• Keep prices and conditions up to date if you publish them, always within the council's rules.
• Do not use misleading comparisons or claims you cannot prove.
• Keep copies of advertising pieces and of the conditions in force.

The risk of irregular advertising is detailed in misleading advertising in aesthetics: the risk and advertising harmonization prices.

What must a quote include?

A quote the patient understands prevents most conflicts. Recommended items:

1. Description of what will be done, by area, in plain language.
2. Total amount and payment method, with installments, interest (if any) and the final total.
3. Validity of the proposal.
4. What is included (follow-up, review, support products) and what is not.
5. A notice about the nature of the service: the result depends on individual factors and is not guaranteed.
6. Cancellation and rescheduling terms.

In Harmy, the PDF quote comes out with the price per ml by area, discount, validity in days and notes, with the clinic's name and logo. See a quote the patient understands and the harmonization quote template.

Contract, terms and consent: how do they relate?

The informed consent form documents that the patient was informed about the procedure, the risks and the alternatives. The contract (or service terms) organizes the commercial relationship: what will be done, price, payment, cancellation. Both must be clear and cannot contain abusive clauses.

Drafting precautions:

• Plain language, without legalese, highlighting the important points.
• No clause that exempts the clinic from all liability. Clauses like that tend to be seen as abusive.
• No disproportionate penalty if the patient withdraws. See the cancellation and no-show policy template.
• No waiver of consumer rights.
• A copy to the patient of what was signed.

For the clinical side, see informed consent in HOF and legal defense, and for packages, the procedure package contract template. Templates are starting points: they must be reviewed by a lawyer.

What about cancellation, withdrawal and refunds?

The topic is full of nuances, and the clinic's policy must be written before a conflict. Questions to settle with your lawyer:

• In which situations can the patient cancel, and with what notice?
• What happens to amounts paid, deposits and unused packages?
• When is there a right of withdrawal (for example, for purchases made away from the premises)?
• How does the clinic handle cancellation on its own initiative, such as a professional's unexpected absence?
• How to handle products already opened or procedures already started?

See booking deposits for aesthetic procedures and no-shows at the HOF clinic. The rule must be communicated when booking or hiring, not only at the moment of conflict.

How to handle complaints?

A well-handled complaint usually costs less than a poorly handled one. A simple flow:

Details in dissatisfied patient: how to handle it and complaints on Procon and Reclame Aqui. Also see professional liability insurance and harmonization lawsuits: how to prevent them.

What are the clinic's and the professional's liabilities?

Liability in healthcare has layers: the professional who treats, the legal entity and, in some cases, third parties. The CDC treats the legal entity's liability in its own way, and the liberal professional's liability usually has specific rules. The debate over whether the obligation is one of means or of result is frequent and depends on the specific case. Understand the concepts in civil liability and seek legal guidance for your situation. In all cases, a well-completed patient record and documented consent are your main defenses. See patient records and documentation in HOF.

Treating the patient also as a consumer does not lower the relationship of care: on the contrary, it obliges the clinic to be transparent. Those who inform well, document well and handle complaints well usually avoid most conflicts before they reach a consumer protection agency.