Medical beauty is popular, why can those who seek beauty become "disfigured" by plastic surgery?
Everyone has a love for beauty. With the development of the medical beauty market, people can not only shape the body, brighten the skin and remove wrinkles, remove freckle and acne, transplant hair, but also treat the eyes, nose, ears and eyebrows, Reshape the lips and facial contours.
However, while "medical beauty" and "micro plastic surgery" provide more possibilities for the public to improve their own image, the chaos in the industry has also attracted social attention, and the lives of many cosmetologists are troubled by this.
For this reason, Beijing Chaoyang Court, from the perspective of judicial practice, solves the difficult problems in the generation and resolution of such disputes, and proposes countermeasures and suggestions for prevention and resolution.
High proportion of institutions responsible for medical and aesthetic disputes
Recently, news related to plastic surgery continues to appear in the newspapers.
For example, a woman in Shenzhen failed plastic surgery and her intelligence fell to the level of a 1-year-old baby.
The actress Gao Mou also revealed her misfortune of failing to do medical beauty nose plastic surgery on Weibo. Not only did she not become beautiful after the operation, she also showed symptoms such as necrosis, and lost her job, lost 400,000 yuan in salary, and faced high breach of contract compensation of 200. Ten thousand yuan.
Beijing Chaoyang Court sorted out 212 cases of medical cosmetology disputes accepted in the past five years, and found that most of the medical cosmetology institutions involved in medical cosmetology disputes were private institutions.
Cosmetic treatments are mainly young and middle-aged women, most of whom are facial plastic surgery, including eye, nose, ear and eyebrow, lip, facial contour plastic and other medical beauty items, accounting for 52.9%.
Other common medical beauty items include body shaping; skin whitening and brightening, wrinkle removal, anti-aging, freckles and moles, scars and acne, etc.; dental beauty; hair transplant/hair type, etc.
The number of cases involving the medical cosmetology behaviors causing obvious organic damage to the cosmetology patients was 82, accounting for about 42.1%, and there were even death cases.
At present, medical beauty institutions still have the following problems:
1. Illegal acts have been repeatedly banned.
The medical cosmetology institutions involved in the litigation generally have illegal activities such as false propaganda, out-of-scope operations, and the use of non-health technical personnel to engage in medical and health technical work.
Many medical cosmetology institutions involved in the lawsuit have been punished by relevant administrative authorities for the above-mentioned illegal acts.
However, after being punished, some medical beauty institutions involved in the lawsuit not only failed to effectively rectify, but continued the above-mentioned illegal acts.
This kind of fines for many times but still repeated bans is not a small minority. Their behavior has seriously disrupted the order of the medical beauty market and endangered the people's health and property safety.
2. Irregular diagnosis and treatment are frequently occurring.
There are many medical cosmetology institutions involved in the litigation: lax implementation of the attending physician's responsibility system, lack of medical records or irregular records, lack of medical cosmetology design and cosmetology program records; improper operation of diagnosis and treatment, and "techniques" that have not been approved for clinical application; Medical materials, especially medical products such as implanted prostheses, are of unknown sources, which in turn triggers medical cosmetology disputes.
3. The problem of seeking medical treatment under pseudonym is prominent.
Some medical cosmetology institutions involved in the lawsuit allowed cosmetologists to use pseudonyms to seek medical treatment. After the litigation, they denied the medical relationship on the grounds that the names of the medical practitioners and the prosecutors were inconsistent, which made it difficult to ascertain the qualifications of the litigation subjects.
If there is no other evidence to support it, it will be difficult to protect the legitimate rights and interests of beauty care providers, and medical beauty institutions will not receive timely sanctions for illegal activities.
However, the vast majority of related cases are settled by means of monetary compensation.
Moreover, the faults of medical cosmetology institutions are relatively concentrated, and the court has made a high proportion of responsibility.
Case number one
Believe that advertisements have irrational perceptions of medical beauty
Sun went to the defendant's medical beauty clinic (hereinafter referred to as the defendant) to perform "auricular cartilage rhinoplasty, rhinoplasty, and alar reduction".
After the operation, Sun underwent "nasal hematoma debridement" at the defendant because of hematoma in the operation area.
Sun believes that the defendant’s false propaganda on his website and telephone consultation led him to choose to undergo nasal cosmetic surgery at the defendant’s site, and that the defendant’s medical staff violated medical standards and diagnostic and treatment practices and caused his nose to undergo surgery without authorization without relevant skills. Swelling, pus, left side bulge, difficulty breathing and other damages, so he will be told to the court to confirm that he has fraudulent and medical faults against Sun during the diagnosis and treatment process, and the defendant is required to pay three times his medical expenses Loss etc.
The court found that the defendant was a for-profit institution invested and established by a company, and was an outpatient department, not a third-class medical institution, and was not rated by the health administrative department.
However, the defendant declared on its website and in marketing to Sun that it was “a medical plastic surgery clinic, a third-level plastic surgery specialist hospital of the Ministry of Health”, and a medical school, a third-grade hospital of the Ministry of Health under the Plastic Surgery Hospital of the Chinese Academy of Medical Sciences. And other plastic surgery specialist hospitals".
Sun paid more than 20,000 yuan to the defendant for rhinoplasty.
It was identified that the defendant had faults such as improper surgical operation and irregular writing of medical records during Sun’s medical cosmetology, and there was a major causal relationship between Sun’s left nasal vestibular tissue uplift and left nasal stenosis.
The court held that the above-mentioned false publicity of the defendant misled Sun's choice of rhinoplasty at the defendant's place, constituted a fraud, and finally supported Sun's request for triple compensation for medical expenses and other reasonable claims.
【risk warning】
The court explained that some cosmetologists credulously believe in advertising, ignore the risks of medical cosmetology, and lack a rational understanding of the effects of medical cosmetology.
False publicity of medical beauty institutions can easily lead to disputes. It is recommended that medical beauty institutions standardize marketing to ensure the objectivity and authenticity of marketing content. Do not fabricate facts, do not conceal the truth, or exaggerate beauty effects. It is strictly based on approved and approved medical beauty services. Practicing within the scope of project qualifications, put an end to and consciously resist false propaganda, avoid misleading beauty seekers due to false propaganda, and reduce unnecessary legal accountability.
Case two
It is difficult to identify the relationship of medical treatment under pseudonym
Xie Moumou went to the defendant's medical beauty hospital (hereinafter referred to as the defendant) for facial skin beauty treatment under the pseudonym "Wang", and the defendant administered hyaluronic acid, botulinum toxin, collagen and other drugs for diagnosis and treatment.
After the operation, Xie Moumou's face deformed.
As a result of the dispute between the two parties, Xie XX went to the court and demanded the defendant to pay more than 390,000 yuan in total for medical expenses, damages, and mental damages.
In the lawsuit, Xie XX submitted the patient’s medical records, bank transaction details, pre- and post-operative photos and other evidence to prove that he was "Wang".
Xie Moumou claimed that the bank card account used to pay for medical expenses was in his own name, and the payment time corresponds to the operation time of the case, and that the handwriting of “Wang” in the patient’s signature in the medical record was written by Xie Moumou, which can be used for handwriting identification.
The defendant argued that the patient's name in the medical record provided by Xie XX was not Xie XX, and could not prove that Xie XX was the actual patient, and did not agree to all Xie XX's claims.
After the two parties reached a settlement after negotiation, the plaintiff withdrew the lawsuit.
【risk warning】
The court explained that due to personal privacy and other considerations, some cosmetic treatment patients chose to use pseudonyms for medical treatment in medical cosmetic projects.
When a dispute occurs, it is very easy to cause disputes over the qualifications of the litigation subject. If the relevant evidence cannot reflect the true identity information of the cosmetic doctor, the protection of the rights and interests of the cosmetic doctor will face difficulties.
It is recommended that cosmetology seekers use their real names during medical cosmetology procedures.
Case three
The effect is not good, the repair fails, the fault is difficult to find out
Ms. Zhang, who had undergone double eyelid surgery, wanted to make adjustments through "medical beauty" because she was not satisfied with the results.
After searching for keywords such as "double eyelid repair" on the Internet, she found that the first three items on the page were all advertisements of a Beijing medical beauty clinic, "the top eye plastic surgery hospital" and "M.D. Wang Moumou, focusing on eye plastic surgery. Advertising slogans such as "forty years" moved Ms. Zhang's heart.
In April 2017, she paid more than 79,000 yuan for the operation. However, after the operation, Ms. Zhang added new scars on both sides of the eyelids and epidermis on the lower corners of the eyes, and it was difficult to open her eyes with a feeling of pulling, dryness, pain, and photophobia. Lasts for nearly a year.
After many communications and negotiations, the clinic promised to repair Ms. Zhang.
In March 2018, Ms. Zhang performed repair surgery again at the clinic, but there was still no significant improvement after the operation, and the eye function was impaired to a certain extent.
Ms. Zhang sued a Beijing medical beauty clinic to the court.
After investigation, a medical beauty clinic in Beijing posted a number of advertisements on its WeChat official account that did not match the actual situation and received administrative penalties for it.
After identification, Ms. Zhang's disability level is ninth.
In the "Explanation on Ms. Zhang’s Appraisal Case", the Judicial Appraisal Center stated that “in view of the faulty behavior of the doctor, especially the lack of communication, it directly affects the degree of satisfaction of the medical practitioner with the effect of the operation, and this is also the evaluation of the effect of cosmetic surgery. On the grounds of an important indicator, it is suggested that “medical prescriptions account for the main reason”.
The court concluded that when Ms. Zhang received consumer medical cosmetology services in a Beijing medical cosmetology clinic, she should be protected by the "Consumer Rights Protection Law of the People's Republic of China."
A medical beauty clinic in Beijing has false propaganda and deceiving consumers. Ms. Zhang was misled by the above false advertisements and received medical beauty services. It should be determined that a Beijing medical beauty clinic was fraudulent in providing consumer medical beauty services to Ms. Zhang According to the relevant provisions of the Consumer Protection Law, a medical beauty clinic in Beijing should increase compensation for the losses suffered by Ms. Zhang in accordance with Ms. Zhang’s request. The increased compensation amount is three times the cost of Ms. Zhang’s service.
At the same time, the diagnosis and treatment of a medical beauty clinic in Beijing was identified as faulty, and Ms. Zhang should be responsible for the main compensation for various expenses for medical treatment.
In the end, the court ruled that the defendant, a medical beauty institution in Beijing, compensated Ms. Zhang more than 710,000 yuan.
【risk warning】
The court explained that when some cosmetology patients are not satisfied with the effect of medical cosmetology, they choose to go to other medical cosmetology institutions for repair or other diagnosis and treatment.
Similar compound diagnosis and treatment situations can easily lead to the difficulty of finding out whether there is a causal relationship between the diagnosis and treatment behavior of the medical cosmetology institution involved in the complaint, whether there is a causal relationship with the cosmetology visitor, and the magnitude of the cause.
However, the appraisal conclusions and explanations in the above-mentioned cases have obviously become important basis for the judgment.
Case four
People who refuse to identify cosmetic treatments are not effective in defending their rights
Liu went to the defendant’s medical aesthetic hospital (hereinafter referred to as the defendant) three times because of “consciously poor appearance; obvious loose skin on both upper eyelids and epicanthus on both sides; consciously poor facial appearance in the past 8 years, affecting appearance”. Perform "temporal injection removal, apple muscle injection removal", "upper eyelid skin laxity correction and internal canthus epidermis correction" and "autologous fat filling bilateral temporal, cheek, zygomatic, forehead, and nose Lip fold" surgery.
Liu claimed that the defendant had “deceived that there was an injection on his face; the upper eyelid of his right eye was cut too much; the fat injection failed; he used feudal superstition to intimidate him; he deceived that Dr. Han’s medical skills are very good, and many celebrities look for Korea. The doctor performed surgery; he arbitrarily sent the contents of the negotiation to the WeChat group" and other breaches of contract, and caused "pain and unevenness in the fat extraction part of the thigh; no fat was injected into the concave part of the whole face, and the entire face was not full, The effect of the younger 20 years old, the whole face was swollen, and the general anesthesia performed on him caused dizziness and depression. The defendant was required to refund medical expenses, pay three times the compensation and mental damage soothing money.
In the lawsuit, the court explained that Liu refused to comment on the "damage consequences, whether the defendant’s medical behavior in a medical beauty hospital violated the medical service contract or violated medical laws and regulations, diagnosis and treatment practices, and the causal relationship and the damage consequences." The “causal force” was evaluated, and sufficient evidence was not provided to prove his claim. Therefore, the court finally ruled that the plaintiff Liu should bear the adverse consequences of the inability to provide evidence and rejected Liu’s relevant litigation request.
【risk warning】
In cases of medical cosmetology disputes, cosmetology seekers must report that “the medical cosmetology institution’s diagnosis and treatment behavior is at fault or violates the medical service contract, medical laws and regulations, diagnosis and treatment routines, etc., and the fault is or violates the medical service contract, medical laws and regulations, and diagnosis and treatment. The burden of proof shall be assumed for the fact that there is a causal relationship between the conventional point and the damage consequence.
Because the above facts are found to involve professional knowledge related to medical cosmetology, generally speaking, the proof of cosmetology medical practitioners is mainly completed through application or cooperation in forensic appraisal.
However, some cosmetic medical practitioners believe that the identification time is long and the cost is high, and they are unwilling to take the identification risk, and refuse or fail to cooperate with the identification, which makes it difficult to find the facts.
If the cosmetic seeker refuses to apply or fails to cooperate with the appraisal, the relevant facts will not be able to be found out, and the cosmetic seeker shall bear the corresponding adverse consequences.
Therefore, it is recommended that cosmetic practitioners involved in litigation and protection of their rights should actively provide evidence and complete the burden of proof.
【Suggest】
With the growth of the medical cosmetology market, medical cosmetology provides more possibilities for the public to improve their own image. At the same time, disputes caused by medical cosmetology are increasing. The problem of industry chaos has also attracted social attention, which not only seriously damages cosmetology. The legitimate rights and interests of medical seekers are also not conducive to the healthy development of medical beauty institutions and the industry.
Based on this, in order to further standardize medical cosmetology behaviors, purify the medical cosmetology market environment, and protect the people's health and property safety, the court has put forward recommendations for medical cosmetology institutions and medical practitioners.
Institutional side
Enhance awareness of law-abiding norms and strengthen self-management
Medical cosmetology institutions must consciously abide by relevant laws, regulations and rules, strictly implement medical cosmetology-related diagnosis and treatment guidelines or technical operating procedures, standardize the writing and storage of medical cosmetology medical records, and shall not disclose or disclose their medical records without the consent of the cosmetologist. Properly protect the privacy or personal information of cosmetic medical practitioners.
Strictly carry out medical services within the scope of diagnosis and treatment subjects approved by the health administrative department, and do not exceed the scope of diagnosis and treatment.
Standardize the qualification review and disclosure of practitioners, and do not use non-health technical personnel to engage in health technical work.
Standardize marketing behaviors, do not make false propaganda, do not over-medical treatment, do not use quality defects or substandard drugs and medical materials, do not use unapproved new technologies to implement medical cosmetology behaviors.
Improve service quality management and reduce risks
Medical cosmetology institutions and their medical staff shall clarify the medical cosmetology charge items, make the price clear, and clearly inform the cosmetologists of the cost details to protect the cosmetologist's right to know.
Before performing the diagnosis and treatment, specify the medical cosmetology risks, indications, contraindications and precautions of the cosmetology treatment to the patient or his relatives, and obtain the explicit consent of the patient or guardian.
For the development or implementation of medical cosmetology projects for cosmetology patients, the attending physician’s responsibility system shall be implemented, and the attending physician shall be responsible or implemented under their guidance.
Improve dispute resolution mechanism and resolve differences in a timely manner
Medical cosmetology institutions should establish and improve dispute resolution mechanisms, and unblock the complaints and feedback channels of cosmetology seekers.
After a dispute occurs, properly seal the medical record data, do not forge or tamper with the medical record data; do not conceal or refuse to provide the medical record data related to the dispute; actively handle the dispute in a timely manner through its own coordination or communication mechanism to resolve the conflict.
Seeker
Choose a formal institution for medical treatment to protect your own rights and interests
Aestheticians should do a pre-examination, choose a formal medical beauty institution for treatment, pay attention to verifying the qualifications of medical beauty institutions and the qualifications of medical staff, and do not make hasty decisions due to credulous advertising; pay medical beauty fees to the account of the medical beauty institution, and avoid pressing Others instructed to pay to individuals or other non-diagnostic units, causing damage to their own rights and causing disputes.
Establish scientific and medical aesthetics and enhance risk awareness
Aestheticians should realize that medical cosmetology is not absolutely safe and reliable, and may cause complications or other personal damages, and there are certain risks. They should be rational in their expectations of cosmetic effects.
Beauty seekers should seek medical treatment under their real names to avoid difficulties in safeguarding their rights caused by pseudonymous visits.
Enrich legal knowledge and enhance the ability of proof
Aestheticians should master certain legal knowledge and retain necessary evidence during the treatment process, including medical treatment records, payment vouchers, and pre-medical cosmetic design plans.
It is necessary to choose rights protection programs objectively and rationally, actively exercise the rights of applying for appraisal during the litigation process, and try to avoid weak rights protection due to insufficient evidence or lack of understanding of legal rules.
In response to the problems discovered during the trial of the case, Chaoyang Court put forward suggestions on preventing and resolving medical cosmetology disputes, and suggested strengthening the leading role of industry associations: establishing and improving the credit evaluation mechanism of medical cosmetology institutions, setting up a two-way evaluation index system, and publicizing the evaluation results on schedule, and fully Guarantee the right to know and choose right of cosmetic medical practitioners; establish an information inquiry platform, actively use big data platforms, and integrate information such as the scope of practice, qualifications, and basic information of practitioners of medical cosmetic institutions for cosmetic medical practitioners to inquire and understand, and establish illegal The beauty agency exposure stage, timely exposure of the illegal activities of illegal agencies and medical beauty agencies.
This edition / our reporter Song Xia