Negotiate compensation with the other party. Is there any relevant compensation clause in the contract signed by the former two parties in double eyelid surgery?
Payment can be refunded according to the contract.
If there is no provision in the contract, the other party is unwilling to return the compensation, and can bring a lawsuit.
At the same time, it is necessary to prove that the hospital or doctor has medical negligence and collect all medical records in time. When necessary, medical articles such as residual fluids and instruments shall be sealed and evidence shall be preserved, including daily list, inspection report, diagnosis certificate, hospitalization certificate, discharge certificate, long-term and temporary doctor's orders, etc. , with the seal of the hospital.
You can claim compensation through consultation or through arbitration procedures and other related channels. According to the relevant laws and regulations of our country, patients can negotiate with medical institutions for compensation if medical damage is caused by cosmetic failure. If negotiation fails, the patient can bring a lawsuit to the court for compensation.
Legal basis: Article 50 of the Regulations on Handling Medical Accidents.
Medical malpractice compensation is calculated according to the following items and standards:
(1) Medical expenses:
Medical expenses incurred in the treatment of personal injury caused by medical accidents shall be calculated and paid on the basis of credentials, but excluding primary medical expenses. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.
(2) Lost time:
If the patient has a fixed income, it shall be calculated according to the fixed income reduced due to missed work, and if the income is more than 3 times the average annual salary of employees on the ground where the medical accident occurred, it shall be calculated according to 3 times;
If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
(three) hospital food subsidies:
Calculated according to the standard of food allowance for general staff of state organs where the medical accident occurred.
(4) Escort fee:
If the patient needs special escort during hospitalization, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.