Latest Update! 28-Year-Old Nurse in Henan Dies During Cosmetic Surgery, 5 Left Disabled in 44 Plastic Surgery Cases

Recently, the death of a 28-year-old female nurse at a plastic surgery hospital in Nanyang, Henan, has drawn widespread attention from netizens. The local health commission stated that four medical staff participated in the surgery, among whom the anesthesiologist was practicing in violation of regulations. After 2 hours and 20 minutes of general anesthesia, the woman showed abnormalities. A preliminary analysis suggests the cause of the accident may be anesthesia failure or fat embolism.

Earlier, according to a report by The Paper, a statistical analysis of 44 plastic surgery cases on China Judgments Online revealed that five individuals suffered disabilities, and plastic surgery institutions were ordered to pay an average compensation of 6 yuan.

Nowadays, society is increasingly open to medical cosmetic procedures, and many beauty enthusiasts are eager to try them. However, the lack of regulation in the cosmetic surgery market has led to frequent medical accidents.

 A lawyer from Guangdong Zhiming Law Firm stated,If you decide to undergo medical cosmetic surgery, you must be aware of the following relevant legal knowledge:

 I. Does failed plastic surgery constitute a medical malpractice?

Medical accident refers to the situation where medical institutions and their medical personnel, due to negligence in medical activities, violate medical and health management laws, administrative regulations, departmental rules, as well as diagnostic and treatment norms and routines, thereby causing harm to patients.Personal injury[1] accident.

In the civil judgment (2015) Lu Min Wu Chu Zi No. 299, the court held that whether a cosmetic surgery error can constitute a medical accident determines whether the Several Provisions of the Supreme People's Court on Evidence in Civil Procedures and the Regulations on the Handling of Medical Accidents can apply to compensation cases arising from cosmetic surgery.

 [3] In practice, it is generally believed that[4] Whether incidents of disfigurement or facial damage caused by cosmetic surgery constitute medical malpractice cannot be generalized and should be analyzed on a case-by-case basis. The key to determining whether cosmetic damage constitutes medical malpractice lies in the subject[5] performing the cosmetic surgery on the patient.

[6] If the patient goes to variousFormal medical institutionsIf adverse consequences occur during cosmetic procedures that meet the conditions for constituting a medical accident, it shall be handledas a medical accident.

According to the relevant provisions of the "Regulations on the Administration of Medical Institutions" issued by the Ministry of Health, medical institutions refer to hospitals, health centers, outpatient departments, clinics, health stations, etc., that have been reviewed and approved by the health administrative department, registered, and issued a medical institution practice license, engaging in disease diagnosis and treatment activities.

If a patient goes toa general beauty salonIf adverse consequences occur from receiving cosmetic procedures,it is not considered a medical accident but a general tort case.

 Some also argue that,regardless of whether it is a formal medical institution,as long as the cosmetic institution performs medical cosmetic procedures,if harm is caused, it should also be classified as a medical accident.

In practice, the method of simply classifying based on the nature of beauty institutions is flawed. Generally, cosmetic procedures can only be divided into two categories: one is medical aesthetics, and the other is general beauty services.

I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.The "Regulations on the Management of Medical Aesthetic Services" stipulates,"as referred to in these Measures"medical aesthetics, as referred to in these regulations, meansThe use of surgery, drugs, medical devices, and other traumatic or invasive medical techniques to repair and reshape a person’s appearance and the morphology of various body parts.”

Medical aesthetics is, by nature, a medical practice. Even if not performed by a formal medical institution, any harm caused should be considered a medical accident.

However, according to the provisions of the Regulations on the Handling of Medical Accidents, these regulations should not apply, but the provisions of Article 4 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings regarding the inversion of the burden of proof should still apply. As for general cosmetology, sometimes referred to as lifestyle cosmetology, since it does not constitute a medical act, the Regulations on the Handling of Medical Accidents do not apply.

 Second, if a medical accident is established, it can be resolved through the following three channels:

The parties may reach a settlement through mutual negotiation, submit a processing application to the health administrative department, or file a lawsuit with the people's court.

 Third, steps for medical accident compensation and calculation of amounts:

Step one: Medical accident appraisal.

Step two: The medical association issues a medical accident appraisal report to determine whether it constitutes a medical accident, the level of the medical accident, and the responsibility of the medical personnel.

Step 3: Calculation bases for the 11 items: medical expenses, lost wages, hospital food subsidy, nursing expenses, disability living subsidy, disability equipment costs, funeral expenses, dependent living expenses, transportation expenses, accommodation expenses, and compensation for mental distress.

Step 4: Calculate the total compensation = the sum of the above 11 items × the compensation ratio based on the degree of responsibility for the medical negligence.

Step 5: Provide compensation based on the determined total amount.

 Note:If the hospital fails to perform the surgery as stipulated in the contract, and the patient's medical accident appraisal is not recognized as constituting a medical accident by the hospital,a breach of contract lawsuit is filed with the court., it is not a bad plan.

(Some content of this article is sourced from China Court Network and The Paper, images are from public online channels, delete if infringing.)