Why is it difficult to defend the rights of medical beauty?
Journalists investigate the road to rights protection for the losers of plastic surgery
● In reality, there are not a few cases where medical and beauty rights protection encounter difficulties.
Most plastic surgery losers face problems such as difficulty in producing evidence and identification when defending their rights. Some medical and aesthetic institutions shirk their responsibilities and refuse to provide relevant materials, or adopt delaying tactics.
● In judicial practice, a considerable part of the rights protection of medical and aesthetic disputes ended in the loss of consumers.
Due to the lack of supporting laws and regulations, even if the litigation is successful, the amount of compensation is often far from the claims of the parties.
● The country has launched a heavy blow. It is obviously necessary to rectify the chaos in the medical and beauty industry, but as consumers, they must also face advertising rationally, and do not be fooled by marketers, blindly and impulsively.
At the same time, you should also pay attention to methods and methods when defending rights
□ The reporter's trainee reporter Zhang Shoukun
□ Our reporter Wen Lijuan
"Do you think you are causing me trouble, will I let you leave Jinan alive?"
"Call the Market Supervision Bureau, I am dissatisfied with one word, and slap your face with your big mouth!"
"After the call, I will let you go!"
Recently, the video of Liu Mouming, the female boss of the Joy Plastic Surgery Organization in Shandong Jinan, assaulting customers has attracted widespread attention.
On September 7, the official microblog of the plastic surgery organization issued a statement stating that the customer in the video was a member of a professional medical gang.
On September 9, Jinan Public Security issued a notice stating that the criminal suspect Liu Mouming was suspected of illegal detention and was detained in accordance with the law.
According to a survey conducted by a reporter from the Rule of Law Daily, in reality, there are not a few cases where medical and beauty rights protection encounter difficulties.
According to the experts interviewed by reporters, in addition to the use of "lynching" and "death threats" by a few medical and aesthetic institutions, most plastic surgery failures also face difficulties in producing evidence and identification when defending their rights. Some medical and aesthetic institutions may shirk their responsibilities and refuse to defend their rights. Do not provide relevant materials or adopt delaying tactics.
In the judicial practice in various places, due to the lack of supporting laws and regulations, even if the litigation is successful, the amount of compensation is often far from the demands of the parties.
Medical and beauty chaos emerge in endlessly
Sudden increase in disputes and difficulties in safeguarding rights
"Believe me will make you beautiful, if you don't believe me, you will make your rivals beautiful" "There is no beautiful appearance, no one cares about no matter how interesting souls are" "If you believe it, please give it a shot. If you don't believe it, please continue to be ugly." ...
The reporter's investigation found that, at present, the brainwashing medical beauty advertisements in the elevators have gradually faded away, but the facial anxiety woven with text and pictures on social platforms such as WeChat Moments and Weibo continues.
The most common is to take a picture of a person with ordinary appearance or some defects and a picture of a person who looks better, and then add some suggestive text, such as good-looking people are easy to work in the workplace "Lie down to win" and so on.
The "2021 China Women's Workplace Insight Report" shows that over 50% of women in the workplace have facial anxiety, and the post-90s have the highest proportion of facial anxiety, reaching 60%.
Earlier, some media conducted a questionnaire survey on the topic of facial anxiety among 2063 college students across the country, and the results showed that 59.03% of colleges survived with a certain degree of facial anxiety.
Li Cenyan, deputy director of the Chinese Plastic Surgery Association's Aesthetic Medicine Education and Management Branch and director of Beijing Zhijin Law Firm, told reporters that there are more chaos in medical beauty advertisements, and some medical beauty institutions are exaggerating in advertisements, which is the result of " An important reason for "appearance anxiety".
The reporter found through searching that the full name of Joy Plastic Surgery is "Shandong Ward Joy Medical Cosmetology Co., Ltd.". Its actual business scope does not include plastic surgery, cosmetic surgery, etc. According to the "Medical Beauty Service Management Measures", Joy Plastic Surgery may not Does not have medical aesthetics qualifications.
In addition, inquiries on the qualifications of medical institutions on the website of the Jinan Municipal Health Commission, the "Joy Beauty and Plastic Surgery Hospital" was not found.
In the medical aesthetics industry, this situation is not rare.
The "White Paper on China's Medical Beauty Industry Insights 2020" shows that in 2019, there are about 13,000 institutions with medical cosmetology qualifications in my country, while the number of illegally operating medical cosmetology shops exceeds 80,000, and legal medical cosmetology institutions account for only 14% of the industry.
Among the legal medical and aesthetic institutions, 15% still operate beyond the scope.
On the one hand, it is the popularization of the economy of beauty and light medical beauty, while on the other, the chaos and disputes of medical beauty continue to grow.
According to the annual statistics of complaints received on the official website of the China Consumers Association, the number of medical aesthetic complaints in 2015 was 483, and by 2020 it has reached 7,233, an increase of nearly 15 times.
In addition, in medical aesthetic disputes, consumer rights protection are often very passive, and a considerable part of the rights protection of medical aesthetic disputes ultimately ends in consumers losing the lawsuit.
In Baidu Tieba, which is followed by 180,000 people, "Surgery Failed", there are tens of thousands of posts telling about the detours that I have taken because I want to be beautiful. "Nose", "face was rotten," "raised eyebrows left two scars"; some people used words to complain about the process of being cheated by medical institutions, including cosmetic loans and various surgical failures.
Ding Yeshan, a lawyer at the Fujian Yingkun Law Firm, who has represented many medical and aesthetic disputes, told reporters that it is not easy for consumers to successfully defend their rights.
"Because the market is full of fake injections and black clinics, even if consumers are very careful, they may fall into a trap if they are not paying attention. What's more, when receiving medical beauty services, many consumers have not signed corresponding medical and beauty institutions. In the service contract, the contract did not clearly stipulate specific service standards or service effects, or did not keep corresponding medical records, notices and other medical records, and some even used pseudonyms to receive medical aesthetics services. In the event of a dispute, it is difficult for consumers to prove themselves There is a service contract relationship with the medical beauty institution, and the medical beauty institution has not achieved the service effect promised." Ding Yeshan said.
Lack of relevant criteria
Whether it failed is difficult to determine
Soon after the joy plastic surgery incident was exposed, on September 10 this year, Ms. Wang from Chengdu, Sichuan said that she found that her left and right breasts were asymmetric when she saw a doctor and had a CT scan. The prosthesis is inverted.
Later, she found a hospital to defend her rights, but the hospital refused to admit it, saying that only an autopsy could prove it.
Ms. Wang said that while defending her rights, she was beaten by hospital staff and caused a concussion, her eyes were red and swollen, and her body suffered multiple injuries.
The hospital staff responded that they had no knowledge of this matter.
Recently, the reporter randomly selected 5 medical beauty institutions on Dianping Dianping and consulted with customer service as a beauty seeker.
When it comes to how to deal with problems in the event of a problem, all institutions stated that the operation is strictly in accordance with the procedures, and generally there will be no problems; when reporters repeatedly asked questions, the customer service kept going in circles, and none of the medical aesthetics institutions were positive Respond to this question.
Many people interviewed by reporters stated that the most common attitude of medical aesthetics institutions is to "stay before and after."
Ms. Li, who had undergone rhinoplasty surgery at a plastic surgery institution in Shanghai, told reporters that before the surgery, the staff of the plastic surgery institution promised that there would be no problems, and praised the effect to a high level. At the same time, she said that a full refund will be given even if something really happens. Plus compensation.
But after the operation, Ms. Li found that the nose was crooked, and the two nostrils, one large and one small, looked very strange.
When I went to the plastic surgery institution again, the other party had lost the previous enthusiasm, and refused to agree to the refund and compensation several times, and then the other party did not even show his face.
Experts interviewed by reporters believe that in addition to the early verbal commitments of the two parties that were not fixed in the corresponding legal form, an important reason for the difficulty of consumer rights protection is the lack of judgment standards on whether medical aesthetics has failed, and medical aesthetics services have caused consumers Part of the loss is difficult to quantify.
Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, introduced to reporters that general medical behavior is a process obligation, not an obligation of result. To determine whether a medical behavior should bear tort liability, it mainly depends on whether the medical behavior conforms to As for the diagnosis and treatment standards of our professionals, the final result is not completely guaranteed by the doctor.
But besides medical behavior, medical beauty is also a kind of consumer behavior to a large extent.
Whether the result of medical aesthetics is based on the standards of those seeking beauty or the standards of doctors is highly subjective.
For example, for the same operation, consumers feel that it has not reached the standard they want, but in the eyes of others, the operation has been very successful. It is only because the consumer's own basic conditions or their own beliefs have not reached its standard, which has brought it in practice. Many disputes.
Ding Yeshan said that in litigation rights protection consumers often need to prove the degree of damage they have suffered through appraisal, but currently there is no personal injury appraisal standard for medical cosmetology in my country. It is difficult to identify the damage caused by consumers.
At present, the appraisal often refers to the "Determination Standards for Human Injury and Disability" in the application of personal injury cases. For damage that does not cause organ deformities or limb dysfunction, even if consumers think that the appearance is affected, the appraisal agency is difficult to judge the degree of damage.
And even if they win the case, the compensation that consumers can get is often less than expected.
Ding Yeshan explained: “If the appraisal agency identifies that the consumer’s injury does not constitute a disability level, it will be difficult to calculate the corresponding loss amount for the appearance and mental injury claimed by the consumer. In medical disputes, If the consumer's own fault is also one of the causes of the damage, then in the litigation, the court may comprehensively consider the degree of fault of both the medical and aesthetic institution and the consumer to determine the proportion of responsibility that each party should share. For example, the consumer is corrupt. It is cheaper to choose to go to an informal medical aesthetics institution to receive services, or to believe in drugs and equipment of unknown origin."
"Currently, the charges for cosmetic surgery are extremely high, which is so high that it is no longer in line with the medical cost. However, when the medical aesthetics fails, ordinary tort standards will be used to measure compensation. For example, in the relevant judicial interpretations on personal injury compensation in my country, There are certain standards on how to calculate the compensation for disability and mental damage, but this standard was originally applied to ordinary tort cases. For those seeking beauty and medical treatment, the mental pain caused by the failure of plastic surgery and the need for recovery The costs are huge, but currently we do not have special legal regulations in this area, resulting in less compensation." Deng Liqiang said.
Solve the chaos in medical and aesthetic institutions
Industry management urgently needs to be strengthened
The road to rights protection is full of difficulties, and industry management urgently needs to be strengthened.
On August 27, the “Guidelines for the Enforcement of Medical Beauty Advertisements (Draft for Comment)” issued by the State Administration for Market Regulation stipulated that medical cosmetology advertisements are medical advertisements, and advertisers must obtain medical institutions’ practice licenses in accordance with the law to publish or commission medical cosmetology advertisements; To publish medical beauty advertisements, the "Medical Advertisement Examination Certificate" must be obtained or checked in accordance with the law and published in accordance with regulations.
At the same time, it will focus on cracking down on the creation of "appearance anxiety", the use of advertising spokespersons to make recommendations for medical beauty, and the disguised release of medical beauty advertisements in the form of introducing health and wellness knowledge.
Deng Liqiang believes that whether a medical aesthetics act is appropriate or not, there may be problems only with the evaluation of medical aesthetics professionals.
"I have dealt with a dispute like this. Consumers have undergone surgery because of ear deformities. Our ears are all growing backwards, but the ears made by medical aesthetics institutions are forward, and it does not look like normal at all. However, the peer review said that the general shape of the ears is available. This can only be done according to the patient’s physique and current medical level. This is obviously unreasonable. Therefore, the state will issue relevant evaluation standards and establish a third-party evaluation standard. Neutral evaluation agencies are particularly important. They must include both medical and aesthetic professionals, as well as experts in other fields, ordinary individuals, etc., otherwise it would be too unfair to consumers."
The country has launched a heavy blow, and it is obviously necessary to rectify the chaos in the medical and aesthetic industry, but as consumers, they must also face advertising rationally, and do not be fooled by marketers, blindly and impulsively.
Deng Liqiang said that in addition to strengthening the rectification and self-discipline of the medical beauty industry, consumers should also look for formal and qualified institutions and doctors, and do not trust the introduction of so-called friends.
"In the "Hospital Practice Registration" and "Medical Health Personnel" query entries on the official website of the National Health Commission, you can see whether hospitals and doctors have the corresponding qualifications. Genuine drugs have a national drug regulatory code, which can be logged on the website of the State Drug Administration , And some cities have also launched a small program on WeChat to inquire about formal plastic surgery institutions. In addition, once illegal medical institutions are discovered, the media should also expose them in time to remind everyone to pay attention."
At the same time, consumers should also pay attention to methods and methods when protecting their rights in medical beauty.
Li Cenyan said that she has encountered many "medical troubles" in the protection of medical and aesthetic rights, such as putting up banners in medical and aesthetic institutions, gathering crowds to block doors and not allowing medical and aesthetic institutions to operate normally, posting in online forums and spreading them everywhere. Negative evaluation of medical and aesthetic institutions, etc., adopt various measures to hinder medical order, expand the situation, cause negative impact on the hospital, put pressure on the hospital and make profit from it.
"Some medical disturbances are based on unfounded claims against the hospital. In fact, the hospital may not be at fault. This not only disrupts the public order and is not conducive to the real solution of the problem, but also harms the interests of real rights defenders. Encountered disputes. Later, if negotiation or other methods do not work, ultimately the problem should be resolved through judicial channels." Li Cenyan said.
Ding Yeshan suggested that in view of the fact that dispute resolution through negotiation is simpler, faster, economical and timely than resolving disputes through litigation procedures, when consumers have disputes with medical institutions, consumers can choose to negotiate with medical institutions Resolve disputes, and at the same time, pay attention to keep corresponding communication records and fix relevant evidence during the negotiation process.
If the two parties cannot reach a consensus through consultation, consumers can report and complain to the health, market supervision and other departments.
If the practitioners of medical and aesthetic institutions have illegal practices such as illegal medical practice and selling counterfeit medicines, consumers can directly report to the public security organs and pursue criminal responsibility for the offenders.