Communicate and negotiate with the hospital in the early stage, and some plastic surgery hospitals will choose compensation or free repair. If negotiation fails, you can complain to the relevant health administrative department and apply for mediation. You can also bring a lawsuit directly to the people's court. If serious consequences are caused by the failure of cosmetic surgery, it is a medical accident, and the injured party can ask the hospital to bear the liability for damages. The basic process of safeguarding rights when cosmetic surgery fails;

1, collect relevant evidence (medical records, payment receipts, photos before and after operation, witnesses, etc. );

2, medical appraisal (to determine whether it is a medical accident, and the degree of disability, etc ... );

3. Determine the negotiation time with cosmetic agencies;

4. Negotiate solutions. If both parties are satisfied with the terms of the settlement, the rights protection will be over. If you are not satisfied, continue to defend your rights to the next step;

5. Seek legal arbitration and be satisfied with the arbitration result, thus ending the rights protection. If you are not satisfied, continue to defend your rights to the next step;

6, the court hearing, the trial result is the final result of rights protection, rights protection is over.

Legal basis:

Article 61 of the Tort Liability Law of People's Republic of China (PRC) * * * Medical institutions and their medical staff shall fill in and properly keep medical records such as inpatient medical records, doctor's orders, inspection reports, operation and anesthesia records, pathological data, nursing records, medical expenses and so on. If the patient requests to consult and copy the medical records specified in the preceding paragraph, the medical institution shall provide them.

Derivative problem:

Title:

How to defend rights when plastic surgery fails in Korea?

Content:

How to defend rights when plastic surgery fails in Korea?

Brief introduction of the case

Anhui girl Shu Xue (pseudonym) came to Shanghai to work hard for 6 years. Not only did she have a successful career, but she also got the opportunity to go to England for further study. March 20 14 went to Seoul, South Korea for plastic surgery. Unexpectedly, this became the beginning of her nightmare.

At Chen Yuan Hospital in Seoul, Shu Xue wants to be a double eyelid surgery and remove her chin. Unexpectedly, at the instigation of the beauty consultant, she had a cheekbone reduction operation. Although the cost was as high as 34,500 yuan, Shu Xue returned to China at ease, thinking that she would have a star-shaped oval face after recovery.

After half a month, the accident appeared. Shu Xue found that her upper lip was particularly tilted to the right, her left cheekbone was obviously sunken, and her speech was still leaking.

To this end, Shu Xue went to Korea four times to defend her rights, and the other party called the police on the grounds of obstructing official duties. She was finally put in a detention center for 24 hours by the Korean police.

The examination results of domestic hospitals made Shu Xue extremely sad. Plastic surgery has damaged her facial nerve, and there is little possibility of recovery.

Professional advice: transnational rights protection should do this.

Shu Xue's experience is not a case. According to statistics, the incidence of plastic surgery accidents and disputes in Korea is increasing at an annual rate of 10% to 15%. How to prevent risks and protect rights and interests after plastic surgery in Korea has become a top priority. Here, we might as well listen to the advice of plastic surgeons and professional lawyers.

legal interpretation

You need to do this to prevent risks before the operation.

1, know these things

A, see whether the hospital has relevant qualifications, and choose a formal professional plastic surgery hospital instead of a small clinic.

B, see if the surgeon is qualified, and whether he has received official professional training in Korea and obtained relevant certification.

C, know the part you want to plastic surgery, and choose a doctor with rich experience in this field.

2. Obtaining evidence in this way

Medical institutions (intermediary, tourism) license documents, word-of-mouth publicity materials, doctors' previous practice status (complaints and stains, etc.). ), carefully read and understand the surgical consent (translation in Chinese and Korean is required), medical records and examination materials.

3. Four major risks

A, the language is unreasonable. We can only communicate through translation or gestures, but words often fail to convey meaning, and the postoperative effect is far from what we expected.

B, information asymmetry. In Shu Xue's case, she found that the contract was all in Korean. It was not until she went to the operating table that the hospital took out the operation contract for her to sign. Even the surgeon didn't know who it was.

C, postoperative complications are difficult to diagnose and treat. Many people who went to South Korea for plastic surgery didn't know what medicine was used during the plastic surgery, so they went back to China after plastic surgery. If there are complications, it is difficult without previous information.

D, it is too difficult to defend rights. South Korea's protection of the plastic surgery industry is very strong, and it is difficult for ordinary patients to defend their rights. One is the problem of obtaining evidence and leaving a certificate, and the other is that no one helps you.

What you need to know to protect your rights when something goes wrong.

1. What are the ways to protect rights?

A. complain to the Korean health department or similar consumer protection department.

B. Complain to the health department where the consumer lives in China for help.

C. Attorney China is entrusted to negotiate compensation with Korean plastic surgery hospital.

D bring a lawsuit or apply for arbitration to a Korean court or a medical arbitration court for compensation.

Because medical disputes are not within the protection scope of China's Consumer Protection Law, the domestic Consumer Council cannot provide help.

2. Are the laws of China applicable?

Since the dispute occurred in Korea, Korean law should be applied. If the victim has been introduced by domestic travel agencies, intermediaries and plastic surgery hospitals, and has relevant evidence from these institutions, the dispute can be settled in China and the laws of China can be applied.

3. Which country's lawyer is suitable?

It is recommended to hire a lawyer in China to facilitate communication. China lawyers can't practice in Korea. They should hire Korean lawyers in Korea to communicate with the court or arbitration tribunal in litigation or arbitration.

In China, large comprehensive law firms can usually represent such cases. To find a lawyer in Korea, it is suggested to make online inquiry, telephone consultation or contact a similar local bar association in Korea to let the other party recommend a lawyer.

You can take action to defend your rights in the lawsuit.

1, how to calculate the limitation of action?

In South Korea and China, the limitation of medical litigation is 12 months from the time when you know or should know that you have been infringed. In other words, if the client finds that his plastic surgery has failed, he should immediately make a diagnosis of surgical failure in a qualified hospital. This diagnosis is evidence of surgical failure, and the limitation of action is calculated from the time the diagnosis is obtained.

2. if something goes wrong, collect such evidence

A. If the victim has been introduced by domestic travel agencies, intermediaries and plastic surgery hospitals, relevant contracts, agreements and letters of recommendation are all important evidence.

B, medical records, photos before and after plastic surgery.

C, medical records of medical treatment in other medical institutions after cosmetic failure.

D, round-trip transportation expenses, etc.

E publicity (commitment) materials of domestic and Korean medical plastic surgery institutions, etc.

Other relevant evidence.

3. Seek the help of Korea Medical Arbitration Institute.

According to media reports, according to the Law on Assistance to Victims of Medical Accidents and Mediation of Medical Disputes passed by the Korean National Assembly, the Korean Medical Arbitration Institute was officially put into operation.

As a special legal person, the arbitration tribunal has the mediation function and appraisal function of quasi-judicial institutions, with the purpose of quickly handling medical accidents and providing fair help to victims.

However, even if the medical arbitration court comes up with a mediation plan, because it has no legal effect, as long as one of the doctors and patients refuses to accept it, the mediation will be declared invalid.

At present, most people who refuse mediation are medical personnel. Medical staff think that the composition of the Committee is more beneficial to patients, so they think that the mediation decision is "unfair".

Some members of South Korea's National Assembly proposed amendments to the Law on Assistance to Victims of Medical Accidents and Mediation of Medical Disputes, stipulating that no matter whether medical personnel are willing or not, as long as patients raise objections, they must accept relevant mediation. However, the amendment was not adopted. Therefore, the Korean Medical Arbitration Court is currently only used as a channel for safeguarding rights.

Cite the law:

Article 61 of the Tort Liability Law of People's Republic of China (PRC) * * * Medical institutions and their medical staff shall fill in and properly keep medical records such as inpatient medical records, doctor's orders, inspection reports, operation and anesthesia records, pathological data, nursing records, medical expenses and so on. If the patient requests to consult and copy the medical records specified in the preceding paragraph, the medical institution shall provide them.