A young woman, He Mou, passed by the door of a beauty salon in February 1988, and saw the advertisement of "Medical Beauty" on the glass window of the company, saying that it could remove freckles and moles from customers' faces and hire full-time medical staff to operate it, with obvious effects. In order to remove the freckles on his face, he paid the treatment fee of 15 yuan on the spot for treatment. The operator dipped the toothpick in a trichloroacetic acid solution with a concentration of about 40%, and removed all more than 20 freckles with different shades on He's face. The next day, he felt burning on his face, and then the wound festered and yellow secretion flowed out. Although the wound healed after many trips to seek medical treatment, it still left more than ten soybean-like scars. He sued the court for compensation from the hairdressing company. Forensic identification is: second-degree chemical burn, secondary infection, obvious appearance damage. If you have plastic surgery in the future, it will cost more than RMB 000. Scars will be reduced after plastic surgery, but it is impossible to return to the original appearance.

After trial by a court, the defendant returned the plaintiff's medical expenses 15 yuan, compensated the plaintiff for medical expenses, transportation expenses and future medical expenses of more than 4,000 yuan, and compensated the plaintiff for mental damages of 2,000 yuan at one time.

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 this case, He went to a hairdressing company for cosmetic surgery. Although it is actually cosmetic surgery done by "full-time medical staff", on the surface, it seems to be in line with the main body of medical accidents. But in essence, the service behavior of the medical staff who perform cosmetic surgery for patients in the hairdressing company has been divorced from the hospital, which is no longer a medical duty behavior, and the hospital should not be responsible for the infringement of the medical staff.

According to the above analysis, this case belongs to the general infringement case. According to Article 119 of the General Principles of the Civil Law, "if damage is caused to citizens' health, compensation shall be paid for medical expenses, income reduced due to missed work, living allowance for the disabled, etc." And ordered the hairdressing company to compensate the plaintiff for medical expenses, transportation expenses and future treatment expenses. Although the General Principles of the Civil Law stipulates that compensation for mental damage is only applicable to the infringement of personality rights within a certain range, in view of the fact that beauty leads to appearance failure,