Traditional Culture Encyclopedia - Photography and portraiture - What if plastic surgery fails? How can I get the hospital to compensate?

What if plastic surgery fails? How can I get the hospital to compensate?

If the cosmetic failure is a medical accident, both doctors and patients can solve it through consultation; 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.

If you want to get compensation, you should first pay attention to the 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.

To sum up, if cosmetic surgery or plastic surgery fails, you can ask for medical compensation. If you are injured, you should go to a professional appraisal institution to appraise the injury level, and keep all the evidence materials to protect everyone's rights and interests.

legal ground

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.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.