How to claim compensation from the hospital for plastic surgery failure?

The failure of plastic surgery belongs to the liability dispute of medical damage. Medical institutions and medical personnel who are at fault may sue the hospital, return the operation expenses and demand compensation for appropriate losses. The main compensation items are: medical expenses and lost time.

, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, nutrition expenses, if it constitutes a consumer disability, it should also compensate for disability compensation.

, dependent living expenses, mental damage compensation, etc. After plastic surgery fails, the rights and interests can be safeguarded through the following ways: to the health administrative department

Apply for mediation and medical damage identification; If the plastic surgery institution has not been approved and registered, or does not have the corresponding qualifications, or the personnel performing the operation do not have the qualifications of doctors, the hospital will refund three times the operation fee and compensate other related expenses. If consumers and plastic surgery institutions cannot reach an agreement through consultation to solve the compensation problem, they can also sue for compensation.

1. In case of plastic and cosmetic disputes, you can apply to the health administrative department for mediation, and apply for medical accident appraisal, and propose compensation for the whole process such as operation expenses, nursing expenses, transportation expenses and lost time. After disability assessment, you can ask for disability allowance.

2. If the plastic surgery institution has not been approved and registered, or has no corresponding qualifications, or the operator has no doctor qualification, it should be fraud. According to the provisions of the Consumer Protection Law, hospitals should double the cost of surgery and compensate for nursing expenses, transportation expenses, lost time and disability allowance. Consumers can negotiate with plastic surgery institutions to solve the compensation problem, or bring a lawsuit to the people's court according to law.

3. Failure or disfigurement of plastic surgery causes lifelong mental pain, and consumers can ask plastic surgery institutions to pay compensation for mental damage.

Collection and preservation of evidence

1. Strictly review relevant materials: plastic surgery institutions engaged in plastic surgery projects must hold the Practice License of Medical Institutions, plastic surgeons must be professionals with certain clinical experience, and the products provided must meet quality standards.

2. Preoperative photography: Any plastic surgery needs local photography to meet the requirements of medical photography. First, it should be kept as hospital information; Second, it is kept as legal materials and can be presented as evidence in case of medical disputes.

3. Save every piece of medical information. Such as receipts, registration forms, written medical records, etc. It is also the basic basis for consumers to claim compensation in case of disputes.

4. Sign the operation agreement. The content should include the way and process of operation, possible situations during operation, short-term reaction after operation, and what kind of situation is the responsibility of the hospital. Once a medical dispute occurs, it can be used as the basis of legal documents.

legal ground

People's Republic of China (PRC) Civil Code

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Infringement

Where the personal and property safety of others is endangered, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.