New Oxygen Data Yan Shiyuan's "White Paper 2021 Medical Beauty Industry White Paper" display，2021 my country ’s medical beauty industry user scale reaches 18.13 million people，Market size increased by 21.6%year -on -year in 2020。People keep pursuing beauty，Bring the development of the scale of the medical beauty industry。But，illegal agency、Illegal doctor、illegal products and other issues also make the medical beauty industry chaotic，As a result, judicial disputes caused by it are also increasing。

[Introduction to Case Case] ​​January 5, 2021，Houmou went to the Huayu outpatient department established by Huayu Company for prosthesis rhinoplasty、Ribs cartilage nasal tip shaping type、Poor cartilage and nasal column extension surgery。Pre -operation，Hou had signed a consultation record card、Anesthesia Know Consent、Nose Plastic Surgery A Consent to Inspection。Postoperative，Shou's claim: The material of the silicone material for rhinoplasty is not consistent with the materials displayed in the case of the Chinese clinic、Surgical doctor Su Mou and anesthetist Deng Moumou and actual surgical doctor Zhang Moumou and Zhou Mou are not consistent，and online publicity "Restore Fast、Form is good、No scars "and actual cricket scars、Poor suture of the nostril incision、The incision is inconsistent and inconsistent，It is fraudulent，The "Consumer Rights Protection Law" (hereinafter referred to as the "Conditioning Law") should be applied to compensate its personal damage and mental damage。The court of first instance thinks，Plastic cosmetic surgery performed by a certain is a medical behavior，and my country's current "Consumption Law" does not clearly incorporate medical services into its adjustment scope，Therefore, the dispute involved in this case is not applicable to this law。At the same bet365 best casino games time，The evidence submitted by Shoumou is not enough to prove that the Huayi clinic has a fraudulent facts，It is determined that the Huayu clinic does not constitute a breach of contract，Do not support the mental damage soothing money claimed by a certain time。The court of the second instance determined、The implanted materials and other aspects do not meet relevant compulsory regulations or the agreement between the two parties，constitute a breach of contract，Reform the Huayi clinic to refund the surgery fee 29990 yuan。[(2021) Hunan 01 Public No. 13918]

[Legal Analysis] Article 2 of my country's "Administrative Measures for Medical Service" stipulates: "Medical Beauty，refers to the use of surgery、Drug、Medical equipment and other traumatic or invasive medical technology to repair and re -plasticine the appearance of human appearance and the form of human body。""，Medical beauty behavior is a kind of medical behavior。At the theoretical level，There are three views on whether the medical disputes are applicable to the "Conditioning Law": "Negative Theory" from the public welfare of medical institutions、Welfare and high risk departure，I believe that medical disputes do not meet the identity of the operator and consumers on the subject，It belongs to the process obligation rather than the resulting obligation，Not a simple consumption behavior，Reconstruction with the infringement liability in terms of effect，It is not conducive to the unity of law applicable; "affirmative saying" believes that medical behavior as a basic living needs is a paid service，It is still a consumer behavior in essence; the "discount" distinguishes medical behavior into profit -making behaviors and non -profit behaviors，Applicable to the Law and Other Related Legislation。At the legislative level，"Conditioning Law" does not explicitly incorporate medical behavior into the adjustment range。In the judicial practice, it also applies to infringement liability and liability for breach of contract。

In the aforementioned Bet365 lotto review case，Although Shoumou uses false propaganda、Doctor does not match the qualifications、Hidden、Destruction、Tampered with the medical records for the reason to verify that Huayi Company has fraud。But the court believes that medical beauty has an invasive feature in implementation methods，belonging to medical behavior，Therefore, the application of the "Consumer Law" is eliminated，No response to the argumentation of consumers and operators。Plus a refusal to refuse medical appraisal，Unable to prove medical beauty behavior damage，Therefore, the court did not support the request to refund the medical expenses and apply punitive compensation。I think，Although the court ruled out the application of the "Consumer Law" through the method of opposing explanation，But the reasoning itself is slightly thin，deliberately avoided theoretical disputes。In this case，Shoumou can only verify the content of the oral negotiation between the two parties，It cannot directly prove the case、The content of the informed consent letter is suspected of fraud，I am a misleading based on staff，I mistakenly signed the medical service contract and the consent of informed consent，Then I made a wrong expression of meaning。So，This case cannot apply the punitive compensation system of Article 55 of the Consumer Law。

Although the court used in this case used a negative point of view，The relevant provisions of the Comprehensive Measures for the Management of Medical Services determine that medical beauty behavior belongs to medical behavior，to eliminate the application of the "Conditioning Law"; but it is undeniable，Different therapeutic behaviors that are different from traditional therapeutic，Medical beauty behavior is more from the psychological needs of beauty，The needs of not pathological。With the rapid expansion of private medical cosmetic institutions，The continuous weakening of public welfare and welfare of medical beauty behavior，Profit and equality is more and Bet365 lotto review more prominent。As a special medical behavior，Incorporating medical beauty disputes into the "Consumer" adjustment is worth trying。Current，Some local regulations have been gradually let go。Article 36 of the Measures for the Implementation of the "Consumer Rights Protection Law of the People's Republic of China"、Article 37 specifies the information of medical institutions to store medical records、Protecting the privacy of patients and reasonable charges。"Measures for the Implementation of the" Consumer Rights Protection Law of the People's Republic of China "in Zhejiang Province Article 17 divides medical cosmetic services into pathological medical cosmetology and non -pathological medical cosmetic services，incorporated the latter into the adjustment scope of the "Calculation Law"，and make it clear that the behavior can apply the punitive compensation system of Article 55 of the Consumer Law。Considering the non -necessity of medical beauty behavior、Non -pathological，and high self -funded at self -funded for profit -making medical，Incorporate non -pathological medical cosmetics into the protection scope of the "Consumers"，Extra the responsibility of the medical party，Can better protect the rights and interests of the doctor。

Applicable "Consumption Law" for punitive compensation，To a certain extent, it can increase the illegal cost of the medical beauty industry，Pulling alerts to chaotic beauty markets。But there are still the following two problems to be solved: first，The premise of the application of the "Cleaning Law" is to constitute a fraudulent behavior。Looking at the medical beauty market，Case data management chaos，The doctor knows that the consent of the doctor agrees to float on the paper，Performing physicians all abound。As the above case，Only with WeChat chat records、Talk recording and a brief informed consent notice，Houmou cannot fully demonstrate the facts of fraud，How to talk about it for self -protection。Even if the doctor lifts bet365 live casino games up the banner of consumer rights，No sufficient evidence，It is also difficult to get effective support in judicial practice。2，Medical cosmetic essence still belongs to traumatic or invasive medical technology，It is a professional medical behavior，Uncertainty of danger and results。Medical participants participating in medical beauty are often to pursue perfection，It often has high expectations for postoperative effects，Aesthetic itself is a subjective concept。Surgery as a traumatic treatment method，Surgical incisions and scars of surgery will be left after surgery。In the above case，The plaintiff believes that the tadpole scars after surgery do not match the hospital's propaganda，constitute fraud。The defendant argued on the grounds that scars were used as a common complication。Because the plaintiff refused to conduct medical appraisal，The court avoided the argumentation of the problem。But even if you enter the identification program，The degree of scar hyperplasia and personal constitution、Surgical location、A variety of factors and other factors are closely related，instead of surgical physicians can manually control and predict。Not to mention the standard of aesthetics is too subjective，The appraisal agency is also difficult to make judgments。No matter how good doctors, it is not possible to ensure that its medical plan can inevitably play the best medical effect，We should not ask physicians to bear imperfect responsibility，Instead, the criteria for identifying the results of the damage should be appropriately relaxed，Take into account the willingness to pursue beauty for the doctor。On the basis of complying with the laws of medical science，Ask the doctor to fully inform the risk and possibility of the doctor's surgery，Based on the promise of the medical beauty institution, the responsibility of the medical party is reasonably determined，Moderate balance of the rights and obligations of both doctors and patients。

bet365 best casino games Knowing consent should not be just a letter of commitment to shirk responsibility，But it should be the dispute prevention channel of both doctors and patients。To truly play the role of the "Consumers"，It is necessary to strengthen the obligation of the medical beauty institution。Drive by profit -seeking，In order to retain consumers to retain consumers often weaken the risk of diagnosis and treatment，Exaggerated surgical results，Avoid the notification of alternative treatment plan，Thus misleading the doctor spent extra money，Even participating in unnecessary surgery。So，The obligation of instructions for more heavier notifications should be applied to the medical party through the law，Let the doctor can rationally decide whether to participate in this medical cosmetic project is very necessary。

On the one hand，It should be led by the health department and the medical beauty industry association，Clinical experts of organizational medical beauty joint research，Establish a unified medical aesthetic knowledge consent template。For example，Based on the "Compilation of Medical Inspection Agreement" compiled by the People's Hospital of Peking University，Update and supplement the characteristics of the medical beauty industry，Forming industry specifications。Specifically includes the following aspects: First，Pay attention to the interpretation of beauty projects，Avoid obscure professional words。2，Pay attention to the pertinence of the content of informed consent，Special precautions must be emphasized。third，Reform obligation to strengthen alternatives。Medical cosmetic surgery should list common alternatives，and give the doctor to fully consider the right to time and the right to withdraw，Avoid some medical institutions to deliberately deceive in order to retain consumers、concealment。

On the other hand，Add a doctor、Equipment、Demonstration of drugs，Protect the direct communication of doctors and doctor and doctor。bet365 Play online games You can refer to Hainan、Practice of hospitals such as Chengdu，Implementation of a pre -operative talk third party witness mechanism，The witness conducted a written record of the notification process、Recording the whole process。The witness and the participants signed the written materials to confirm，Electronic images are left for files by third -party medical disputes people mediation agencies。Future，With the implementation and establishment of the electronic case system，Digital conversation signature system should also be further popularized，Upload information on the spot，curb the unhealthy wind that tampering the medical records，Form the whole process、Standardized informed consent management system。

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