Cosmetic surgery results not matching the product, flexible rights protection ultimately wins the case
[Lead Attorney: Wang Tengfeng, Zhang Qingping]
In 2012, 19-year-old Wang, accompanied by her mother, visited a cosmetic surgery hospital known as the "Oriental Nose King" for consultation. After mutual agreement, Wang underwent nose and eye cosmetic surgeries in July and August 2012. However, subsequent deformities led to ridicule from classmates. A diagnosis at a people's hospital revealed Wang had developed depression. In response, Wang's mother retained Wang Tengfeng, director of Guangdong Zhiming Law Firm, to sue the "Oriental Nose King" for medical damage infringement.
To this end, Attorney Wang Tengfeng dispatched his assistant, Attorney Zhang Qingping, to apply for forensic evaluations at three provincial medical appraisal institutions after the first court session. All were rejected, causing the case to stall with no progress. Facing this impasse, Attorney Wang Tengfeng suggested abandoning the medical damage infringement claim and instead pursuing a medical contract claim. Based on the facts, he identified two breaches in the cosmetic surgery contract by the "Oriental Nose King": 1. The defendant's promotion as the "Oriental Nose King" lacked factual basis and violated legal regulations. 2. The "Surgical Informed Consent Form" vaguely described "comprehensive rhinoplasty," and the surgery involved unauthorized additions to procedures. These actions infringed on the patient's contractual rights.
Ultimately, the court accepted Attorney Wang Tengfeng's two arguments, ruling on grounds of "breach of contract" that the "Oriental Nose King" cosmetic surgery hospital must refund the plaintiff 88,498 yuan in medical fees, thereby maximizing the protection of the client's rights.
