Legal analysis: it can be settled through negotiation; if negotiation fails, it can be settled through prosecution. Whether the disfigurement or appearance damage caused by plastic surgery belongs to medical malpractice 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 the patient goes to a general beauty salon for beauty treatment, the adverse consequences will not be medical accidents, but general infringement cases. In the event of a medical accident dispute, if the parties apply to the health administrative department for handling, they shall submit a written application. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant.
Legal basis: Article 37 of the Regulations on the Handling of Medical Accidents states that in case of a medical accident dispute, the parties concerned shall submit a written application to the health administrative department for handling. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant.
Within 1 year from the date when the parties know or should know that their health has been damaged, they may apply to the health administrative department for medical malpractice dispute settlement.