2. 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.
3, the occurrence of medical malpractice disputes, the parties apply to the administrative department of health, it shall submit a written application. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant.
Legal basis: Article 46 of the Regulations on the Handling of Medical Accidents stipulates that medical malpractice compensation and other civil liability disputes can be resolved through consultation between doctors and patients; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.
Forty-eighth has been identified as a medical accident, the administrative department of health at the request of both parties to the dispute of medical accident, medical accident compensation mediation. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated in accordance with the provisions of these regulations. If the two parties reach an agreement on the amount of compensation through mediation, a mediation agreement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.