Beauty treatment in medical institutions belongs to medical damage compensation disputes, while beauty treatment in non-medical institutions belongs to general personal injury compensation disputes. There are roughly two reasons:
1. With the development of medical technology, the development scope of many medical fields has greatly exceeded the general medical treatment for the purpose of diagnosis and treatment. Plastic surgery and non-therapeutic abortion for the purpose of beauty have no purpose of diagnosis and treatment, but this does not affect the medical nature of the contract itself, nor does it affect the rights and obligations arising from the contract.
2. Although medical beauty is generally not a necessary and common medical behavior, it is a medical consumption behavior to improve self-image, restore and maintain health, but because of its application of medical theory and technical methods, the resulting disputes are also a kind of medical disputes. Although beauty does have characteristics that ordinary medical treatment does not have, such as different urgency of treatment and different objectivity of curative effect, most of them achieve their therapeutic purposes through medical technology, which is no different from the essence of ordinary medical treatment. If the relevant laws of medical disputes can be applied, the burden of proof is on the medical side, which is more conducive to protecting patients. Therefore, it is appropriate to distinguish whether the subject is a qualified practitioner or not.