As for the way to protect rights, according to Article 122 of the People's Republic of China (PRC) Contract Law, "if one party violates the personal and property rights of the other party, the injured party has the right to choose to require it to bear the liability for breach of contract according to this law or to require it to bear the liability for infringement according to other laws." When you go to a beauty salon for plastic surgery, you have formed a contractual relationship with the beauty salon. Because of improper operation, the beauty salon hurt your eyelids and left a scar, which violated your right to health. It not only violates the contract, but also infringes the contract, which constitutes a concurrence of responsibilities involving civil law. You can only choose one of the liability for breach of contract and tort liability to make a claim, and you can also claim compensation for mental damage in tort litigation. Because Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "if the victim or the close relatives of the deceased suffer mental damage and the obligee requests the people's court to compensate for mental damage, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts." Therefore, you can sue the beauty salon for tort liability, demand compensation for mental damage, or ask it to bear the liability for breach of contract. You should go to a local authoritative medical institution for a medical appraisal and take the appraisal results to the local competent department. If the operation of the whole institution has been registered and approved by the health administrative department, you can apply for medical accident appraisal in accordance with the Measures for Handling Medical Accidents and demand compensation for the operation expenses, nursing expenses, transportation expenses, lost time expenses, etc. of the whole process. If your injury has reached the disability assessment standard, you can also ask the beauty salon to bear the disability subsidy after disability assessment. You can also bring a civil lawsuit directly to the people's court and ask the court to order the plastic surgery hospital to compensate for the above losses. If the whole institution has not been registered and approved, or does not have the corresponding qualifications, or the operator who performs the operation does not have the qualification of a doctor, then it is fraud. According to the Consumer Protection Law, beauty salons should pay for your surgery and compensate for nursing expenses, transportation expenses, lost time and disability benefits. You can negotiate with the beauty salon to solve the compensation problem, or you can bring a lawsuit to the people's court according to law. If this operation has caused you great mental pain, and this pain will accompany you for life, you can ask the other party to compensate for the mental loss. However, at present, few people ask for mental compensation after being disfigured and get the support of the court, because there is no express provision in law for the time being, and in judicial practice, most courts do not support this kind of appeal. Recently, the Supreme People's Court is stepping up the formulation of "Interpretation on the Specific Application of Legal Issues in the Trial of Mental Damage Compensation Cases", which will clearly stipulate that the failure of plastic surgery will cause adverse consequences, and it will be regarded as an infringement of others' right to body and health. If the victim requests compensation for mental damage and brings a lawsuit to the people's court, the court shall accept it; If it does constitute infringement, the court may, considering the specific circumstances, order the infringer to compensate the infringed person for the mental damages. Warm reminder of plastic surgery 1. First of all, let's see if you have signed the necessary contract with this plastic surgery institution, and what is written in the contract. There is a question to see if it is a failure, which requires you to compare the photos taken before the operation. 2. Save every piece of medical information; When you decide to have plastic surgery, you must leave every medical information, such as receipts, registration forms, written medical records, etc. This is also the basic proof that people can appeal to safeguard their personal rights and interests in case of disputes. Medical records are also very important evidence. Although the law stipulates that medical records must be kept for 65,438+00 years, it is not impossible for hospitals to tamper with or destroy medical records. If you are worried that your medical records have been tampered with, you can file a lawsuit directly, and the court will retrieve the medical records, which can reduce or avoid the risk of medical records being tampered with. 3. Strictly review relevant materials; Beauty salons engaged in medical beauty projects must register with the relevant departments and obtain the Practice License of Medical Institutions before they can operate. At the same time, medical beauty salons have strict requirements for beauticians. Only professionals with high medical knowledge and certain clinical experience can be employed. In the process of consumption, we should actively review the materials provided by beauty institutions and resolutely resist unqualified products. 4. Sign an operation agreement; The contents include the operation mode, process, possible situations during operation, short-term postoperative reactions or possible complications, etc. And teenagers or major surgery still need the signature of their families. Operation agreement is a kind of written document formed between the operator and the patient under the condition of knowing, so as to serve as the legal document basis for dealing with medical disputes after operation. Signing the operation agreement not only shows the seriousness of the operation, but also provides legal protection for beauticians.