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Is there any certainty of winning the medical beauty dispute?
Legal subjectivity:

In recent years, cases of damages caused by cosmetic surgery have emerged in an endless stream, and judicial practice is also quite tricky. The main reason is that such cases involve several thorny legal application issues. On the one hand, the nature of damage compensation disputes caused by cosmetic surgery. In the disputes related to cosmetic surgery, there is usually a cosmetic surgery contract between the cosmetic surgeon (hereinafter referred to as the cosmetic surgeon) and the cosmetic surgery institution (hereinafter referred to as the cosmetic surgery institution). According to this contract, plastic surgeons have the right to ask plastic surgery institutions to perform plastic surgery and make the surgery achieve its promised results. Plastic surgery institutions have the right to charge fees as agreed. This contract is binding on both parties. Both parties shall perform their rights and obligations in strict accordance with the contract and shall not violate the mandatory provisions of laws and regulations and the principles of public order and good customs. If either party violates the contract or the law and causes damage to the other party, it shall bear the liability for breach of contract according to law. Therefore, as far as the damage compensation disputes caused by plastic surgery are concerned, the first is the contract dispute, and the injured plastic surgeon can request the plastic surgery institution to bear the liability for breach of contract according to law. On the other hand, in the dispute of compensation for damage caused by cosmetic surgery, it is usually because the surgery performed by plastic surgery institutions for cosmetic surgery failed to achieve the expected results or even had a negative impact. This situation not only conforms to the provisions of the Contract Law on injury payment, but also conforms to the constitutive requirements of the General Principles of Civil Law on general infringement, that is, this kind of behavior usually violates the plastic surgeon's right to body or health. In this case, plastic surgeons certainly have the right to ask plastic surgery institutions to bear tort liability. In this way, the problem of concurrence of tort liability and breach of contract liability arises. The so-called concurrence of tort liability and breach of contract liability means that the same illegal act of the actor violates the relevant provisions of tort law and contract law at the same time, and meets the constitutive requirements of tort liability and breach of contract liability.