According to Article 19 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, "the amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred. "

Court view:

As a young woman, it is necessary and reasonable for Zhang to carry out scar repair on her face based on her injury and work needs, and the resulting scar repair and beauty expenses should be supported. For the micro-plastic surgery conducted by Zhang in the beauty salon, no evidence can be provided to prove that the micro-plastic surgery is a necessary repair of facial scars, and the cost is obviously higher than that of the plastic surgery department of the hospital. The expenses incurred by the micro-plastic surgery should not be borne by the insurance company and the perpetrators. As for the issue of follow-up treatment fee raised by Zhang Zaiting, since it has not yet been made, it will be prosecuted separately after the production is completed.

The lawyer said:

According to the second paragraph of Article 19 of the Interpretation, the medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.

In practice, how to get the court to support the cosmetic fee in the follow-up treatment?

(1) If the facial scar is obvious, it really needs further treatment and cosmetic repair, and the doctor's advice is needed, indicating that scar repair treatment is needed. It is best to record the number of treatments and the cost of basic treatment, which is convenient for evidence-based application and identification.

(2) Apply for a qualified appraisal institution to appraise the cost of follow-up treatment. If the expert opinion cannot be determined, it can be claimed separately after the actual occurrence.