How to compensate for the failure of plastic surgery in plastic surgery hospital?

How to compensate for the failure of plastic surgery in plastic surgery hospital?

How to compensate for the failure of plastic surgery in plastic surgery hospital? In real life, there are still many people who have plastic surgery, but plastic surgery is a kind of operation, and all operations have certain risks. Then let's share with you how to compensate for the failure of plastic surgery in plastic surgery hospitals.

How to compensate for plastic surgery failure in plastic surgery hospital 1 If plastic surgery failure is a medical accident, both doctors and patients can negotiate to solve it; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.

Relevant laws and regulations

Regulations on the handling of medical accidents

Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.

Forty-ninth medical accident compensation, should consider the following factors, determine the specific amount of compensation:

(a) the level of medical accidents;

(two) the degree of responsibility of medical negligence in the consequences of medical accident damage;

(three) the relationship between the consequences of medical accident damage and the patient's original disease status.

If it is not a medical accident, the medical institution shall not be liable for compensation.

Fiftieth medical accident compensation shall be calculated according to the following items and standards:

(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.

(2) Lost time: if the patient has a fixed income, it will be calculated according to the fixed income reduced by his absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it will be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.

(3) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.

(4) Escort fee: If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred.

(5) Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.

(6) Disability appliance fee: If it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the universal appliance fee with the certificate of medical institution.

(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.

(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; But over 60 years old, not more than 15 years old; More than 70 years of age, not more than 5 years.

(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.

(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.

(11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years.

How to compensate for the failure of plastic surgery in plastic surgery hospital? How to claim for plastic surgery failure of plastic surgery institutions?

I. 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.

Second, the rights protection after plastic surgery failed.

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.

How to compensate for the failure of plastic surgery in plastic surgery hospital? Should the hospital be liable for compensation for plastic surgery failure?

1. The hospital shall be liable for compensation for your injury or operation failure without your consent.

2. The compensation items include medical expenses, lost time, nursing expenses, nutrition expenses and compensation for mental damage.

3. For the specific calculation method, you can search "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" on the Internet, refer to Article 17 and related clauses, and combine your own actual calculation.

If you don't have a fixed income, you can calculate it according to your average income in the last three years.

If you can't prove the average income in the last three years, you can calculate it according to the average income of the same industry or similar industries in your area last year, according to the standards issued by the statistics department.

Remind consumers to pay attention to the following questions:

1, before the operation, you must go through relevant procedures, such as signing a cosmetic agreement, having the beauty salon stamp its official seal, and the person in charge sign it, and asking for an invoice or receipt for cosmetic expenses stamped with the official seal. These are all necessary evidence for safeguarding rights in the event of disputes in the future. Some customers have spent tens of thousands or even hundreds of thousands in vain because they have no evidence and failed cosmetic surgery. They can only eat coptis, but they can't say how bitter it is.

2. Keep the short message record between the victim and the cosmetic surgery room, and record the conversation when necessary as evidence to prove the failure of the operation after a dispute.

3. Choose appropriate legal channels to protect rights. If the effect of the operation is not satisfactory, you can choose to sue for breach of contract and ask for the operation fee, or even ask for a double refund of the operation fee, and ask for lost time, transportation expenses, disability compensation, etc. If obvious harm is caused, consumers can choose to sue for infringement. In addition to the above compensation items, they can also claim compensation for mental damage.

4. Remind consumers to choose a regular hospital for cosmetic surgery, and the risk will be reduced.