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.

Second, how to fight cosmetic disputes?

In most cosmetic plastic surgery disputes, there is a contract between cosmetic plastic surgeons and cosmetic plastic surgery institutions. In the contract, the cosmetic plastic surgeon has the right to ask the cosmetic plastic surgery institution to make a commitment to the obtained effect, and the cosmetic plastic surgery institution has the right to collect fees according to the agreement.

The dispute over compensation for damages caused by cosmetic surgery is first of all a contract dispute, and the injured cosmetic surgeon can ask the cosmetic surgery institution to bear the liability for breach of contract according to law. When the behavior of the cosmetic plastic surgery institution infringes on the body right or health right of the cosmetic plastic surgeon, the cosmetic plastic surgeon has the right to ask the cosmetic plastic surgery institution to bear the tort liability.

According to the law of our country, the injured party has the right to choose to ask the injured party to bear the liability for breach of contract according to the contract law or to ask the injured party to bear the liability for tort according to other laws. Cosmetic plastic surgeons can decide whether to prosecute according to the liability for breach of contract or tort according to their own situation.

If plastic surgery patients form medical disputes with for-profit medical institutions to meet their own beauty needs, mainly because of medical disputes such as plastic surgery and beauty that are not aimed at curing diseases, then the significance of choosing to sue for breach of contract will greatly increase.

The purpose of plastic surgery patients receiving medical services is to improve their image, and a considerable number of plastic surgery patients choose to sue because the final effect does not meet expectations.

In particular, cosmetic surgery has not caused other personal injuries to cosmetic surgeons, and it will be difficult to get support if you choose to sue for infringement, so cosmetic surgeons often choose to sue for breach of contract. Therefore, an important criterion for choosing to sue for breach of contract or infringement lies in whether medical beauty has brought adverse consequences to cosmetic surgeons or failed to meet their expectations.

Whether cosmetic plastic surgeons can file a lawsuit for breach of contract, and whether the Consumer Protection Law can be applied to cosmetic plastic disputes. , mainly depends on whether plastic surgeons belong to consumers.

Ren Lei Creative Star (WeChat official account from the media) edited and arranged.

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