Recently, the death of a 28-year-old female nurse at a plastic surgery hospital in Nanyang, Henan, has drawn widespread online attention. The local Health Commission stated that four medical staff participated in the surgery, including an anesthesiologist who was practicing illegally. After two hours and twenty minutes of general anesthesia, the woman showed abnormalities. Preliminary analysis suggests the cause may be anesthesia failure or fat embolism.

According to a previous report by The Paper, a statistical analysis of 44 cosmetic surgery cases from China Judgments Online showed that five individuals suffered disabilities, with the average compensation awarded by courts against cosmetic surgery institutions being 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,Dear patients, if you decide to undergo medical cosmetic procedures, you must be aware of the following relevant legal knowledge:

　　I. Does plastic surgery failure constitute a medical accident?

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.

[2] In the (2015) Lu Min Wu Chu Zi No. 299 civil judgment, it was held that whether cosmetic surgery errors constitute medical malpractice is related to whether the "Provisions of the Supreme People's Court on Evidence in Civil Proceedings" and the "Regulations on the Handling of Medical Accidents" can be applied to damage 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.

　The "Regulations on the Management of Medical Aesthetic Services" stipulates,"The termmedical aesthetics, as referred to in these regulations, meansthe repair and reshaping of a person's appearance and various parts of the body using surgical procedures, medications, medical devices, and other traumatic or invasive medical techniques."

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 base for the 11 criteria: medical expenses, lost wages, hospitalization meal subsidies, nursing fees, disability living subsidies, disability aids, funeral expenses, dependent living expenses, transportation fees, accommodation fees, and mental distress compensation.

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

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

　　注：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.)