If patients go to various regular medical institutions for cosmetic surgery and the adverse consequences meet the conditions of medical malpractice, they should be treated as medical malpractice. If a patient goes to a general beauty salon for beauty treatment, the adverse consequences are not medical accidents, but general infringement cases.

Legal objectivity:

This is related to whether "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" and "Regulations on Handling Medical Accidents" can be applied to cosmetic damage compensation cases. In practice, it is generally believed that whether the disfigurement or appearance damage caused by plastic surgery is a medical accident can not be generalized, but should be analyzed in detail. The key to determine whether cosmetic injury constitutes a medical accident lies in the subject of cosmetic surgery for patients. If patients go to various regular medical institutions for cosmetic treatment, and the adverse consequences meet the conditions of medical accidents, they should be treated as medical accidents. According to the regulations on the administration of medical institutions issued by the Ministry of Health, medical institutions refer to hospitals, health centers, out-patient departments, clinics and health centers. , qualified by the health administrative department, registered and issued a "medical institution practice license". If a patient goes to a general beauty salon for beauty treatment, the adverse consequences are not medical accidents, but general infringement cases. This simple method of dividing beauty institutions according to their nature is flawed. Because in practice, cosmetic surgery can only be divided into two categories, one is medical beauty and the other is general beauty. The Regulations on the Management of Medical Beauty Services stipulates that "the medical beauty mentioned in these Measures refers to the repair and remodeling of human appearance and the morphology of various parts of the human body through surgery, drugs, medical devices and other traumatic or invasive medical technologies." Medical beauty is essentially a kind of medical behavior, even if it is not carried out by a regular medical institution, it should be a medical accident if it causes damage. According to the regulations on the handling of medical accidents, it seems that this provision should not be applied, but the provisions on the inversion of burden of proof in Article 4 of Several Provisions of the Supreme People's Court on Civil Evidence should still be applied. As for general beauty, it is sometimes called life beauty. Because it is not a medical act, not only the Regulations on Handling Medical Accidents are not applicable, but also the judicial interpretation of the Supreme People's Court mentioned above should not be applied. 4. Can I claim for mental damage caused by cosmetic surgery? Mental damage is often manifested as the abnormality of the victim's mental state, such as mental pain and physical pain. The mental pain of the victim is sadness, chagrin, remorse, shame, anger, timidity and so on. Externally, the victim will have abnormal mental state, such as insomnia, depression, apathy, irritability, mania and dullness. And there will be serious psychiatric clinical symptoms. In many cases, people will have abnormal mental state, and it is impossible and unnecessary for the law to remedy mental damage to any extent under any circumstances, but only to a certain extent under certain conditions: the offender shall bear the liability for compensation and other corresponding civil liabilities. Therefore, "mental damage" is a concept with specific legal significance, which is different from medical mental damage or general mental unhappiness in people's daily life.