Cosmetic surgery results not matching the product, flexible rights protection ultimately wins the case
[Lead Counsel: Zhiming Law Firm]
In 2012, Wang, only 19 years old at the time, accompanied by his mother, visited a cosmetic surgery hospital known as the "Oriental Nose King" to seek consultation on cosmetic procedures. With mutual consent, Wang commissioned the "Oriental Nose King" to undergo rhinoplasty and eyelid cosmetic surgeries successively between July and August 2012. However, subsequent local deformities led to ridicule from his classmates. After a visit to a people's hospital, it was discovered that Wang had developed depression. In response, Wang's mother entrusted Zhiming, the director of Guangdong Zhiming Law Firm, to file a lawsuit against the "Oriental Nose King" for medical damage tort.
To this end, after the first court hearing, Zhiming Law Firm dispatched their assistant, Attorney Zhang Qingping, to apply for appraisal with three provincial medical appraisal institutions. However, all of them refused, leaving the case stalled for a long time with no progress. Facing this deadlock, Zhiming's attorneys advised abandoning the medical injury tort claim and instead pursuing a medical contract claim. Based on the established facts of the case, they identified two instances of breach in the "Oriental Nose King" cosmetic surgery contract: 1. The defendant's advertising as the "Oriental Nose King" lacked factual basis and did not comply with relevant legal provisions. 2. The "nasal comprehensive plastic surgery" described in the Informed Consent Form was unclear, and during the procedure, there were even instances of additional surgical items being added on the spot. These constituted infringements on the patient's rightful contractual rights!
In the end, the court accepted the two points of argument presented by Attorney Zhiming and ruled that the cosmetic surgery hospital, known as the "Oriental Nose King," must refund the plaintiff's medical expenses of 88,498 yuan on the grounds of "breach of contract," thereby maximizing the protection of the client's rights and interests.
