Medical chaos behind hundreds of court cases: The market is going crazy after sinking....

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The same group also appeared in a place where they shouldn't.

If you carefully categorize the cases involved after 00, you will find that more than 50% of the cases collectively point to one type of case: medical service contract disputes.

Hundreds of such cases depict a roughly similar process: These young people (mostly girls) want to perform surgery on a certain part of the body, and use some medical beauty APP online platforms to find offline medical beauty projects, there are Some had to move their noses, tried costal cartilage rhinoplasty, some had to move their eyes, tried comprehensive eye plastic surgery, and some had to lose weight, tried liposuction of arms and thigh ring.

Every single item or combination poses a challenge to the purchasing power of post-00s.

Through the medical aesthetics platform, boys and girls choose to pay in installments.

Of course, there are a small number of consumers who don't know, and medical beauty institutions use free beauty as a reason to induce them to sign such consumer loans.

Even more exaggerated is that a commercial lending company took nearly 50 post-90s and post-00s women who failed to repay their loans on time to court in the first half of last year alone.

The consumption of medical beauty is sinking.

According to the report released by Aurora Big Data, Xinyang, a medical aesthetic plastic surgery platform, has been implementing the "urban sinking" strategy since 2016; similarly, Gengmei also chose "sinking" in 2018.

Most of these girls who are deeply involved in medical loans are from counties where the economy is underdeveloped.

The youngest is a county girl who was born in 2002.

On Zhihu, someone asked, I want to borrow money for rhinoplasty, can I? Someone answered below: I am a loan.

In contrast to the past, before the emergence of medical aesthetics consumer loans, most of the young girls doing medical aesthetics had acceptable financial conditions or were accompanied by their parents.

These girls’ borrowing time is concentrated in 2020.

The industry grows savagely, disputes are rising year after year, and aliases make it difficult to handle

How big is China's medical beauty market?

According to Frost & Sullivan Consulting, China has surpassed Brazil in 2018 to become the world's second largest medical beauty service market, accounting for 13.

In terms of market size, the market size of my country's medical beauty industry reached 143.

The epidemic did not extinguish the enthusiasm for "being beautiful.
According to the "White Paper on Medical Aesthetics Industry 2020", in the face of the impact of the epidemic, China has added 5,150 new medical and aesthetic institutions in 2020, with a market size of 197.
5 billion yuan, accounting for 17% of the global share.

At the same time as the barbaric growth of the medical aesthetics industry, medical accidents and disputes continue.

Eight points of Jianwen used "medical beauty" and "disputes" as keywords on the Judgment Documents website, and found that after 2016, the number of relevant judgments has increased sharply.

On March 15th, the Chaoyang District Court announced the 212 cases of medical and aesthetic disputes it had accepted over the past five years.
This number accounted for about one-fifth of their total medical dispute cases, and the proportion is increasing year by year.
In these cases, female patients were the plaintiffs, and only 9 male patients were the plaintiffs.

The court's release of typical medical and aesthetic disputes is not an isolated case.
In May 2020, the Shanghai Changning District People's Court (hereinafter referred to as "Changning Court") published a white paper on the judicial trial of medical cosmetology disputes, which also showed the same characteristics.

The Changning Court analyzed 94 medical cosmetology dispute cases accepted from 2015 to 2019 and found that the number of such cases has increased sharply since 2017.
The diagnosis and treatment parts involved in the dispute are mainly the nose, a total of 39 cases, and the number of cases in other diagnosis and treatment parts are: 15 cases of the eyes, 12 cases of the chest, 11 cases of the face, 7 cases of injections, 5 cases of the lower jaw, 4 cases of liposuction, 4 teeth and 3 other parts (the same case can involve more than two different parts).

Judging from the results, the trial process of these cases is difficult, showing a high rate of mediation withdrawal, a long trial period, a large difference between the amount claimed by the plaintiff and the amount supported by the adjudication, and fewer cases actually completed the appraisal process.
.

The reason lies in the fact that these medical cosmetology cases are faced with the problems of difficulty in producing evidence and cross-examination, the special behavior of the patients hindering the identification of responsibility, the difficulty of medical cosmetology appraisal, and the difficulty of judicial appraisal.

The Changning Court’s white paper pointed out that the biggest difference between medical cosmetology and traditional medical activities lies in the lack of unified and detailed technical standards and norms for medical effects.
In actual situations, patients often sue because they did not meet expectations or because of postoperative adverse reactions.
However, the effect of medical aesthetics is mostly subjective evaluation, without objective damage evidence, it is difficult to judge whether the doctor has caused medical damage to the patient from the perspective of medical damage liability.

In addition to the lack of uniform efficacy standards, another notable feature is that the behavior of medical cosmetology patients is also different from that of traditional diagnosis and treatment.
The biggest difference is that because medical beauty projects involve personal privacy, some patients use pseudonyms instead of real identity information to seek medical treatment.
Most private cosmetic and plastic medical institutions (doctors) also do not require patients on the grounds of respecting the privacy of patients.
Provide ID card, etc.
for registration.

When disputes occur, pseudonyms become the biggest dilemma for patients.
In the Changning Court heard three cases of medical cosmetology disputes, the doctors raised objections to the inconsistency between the patient’s identity information and the medical records and medical bills, and believed that the plaintiff was not the patient, and did not have the qualifications of the subject of litigation.

In a typical case in Chaoyang Court, the plaintiff Xie Moumou went to the defendant's medical beauty hospital under the pseudonym "Wang Mou" for facial skin beauty treatment, and the defendant gave him injections of hyaluronic acid, botulinum toxin, collagen and other drugs for diagnosis and treatment.
After the operation, Xie Moumou's face deformed.
As a result of the dispute between the two parties, the plaintiff Xie XX went to the court and demanded the defendant to pay more than 390,000 yuan in total for medical expenses, damages, and mental damages.

In the litigation, the plaintiff Xie Moumou submitted the patient’s medical records, bank transaction details, pre- and post-operative photos and other evidence to prove that he was “Wang Mou”.
The plaintiff Xie Moumou claimed that the bank card account used to pay the medical expenses was in his own name, and the payment time corresponds to the operation time of the case, and the handwriting of the patient's signature "Wang" in the medical record was written by the plaintiff Xie Moumou, which can be used for handwriting identification.
The defendant argued that the patient’s name in the medical record provided by the plaintiff Xie XX was not Xie XX, which could not prove that Xie XX was the actual patient, and disagreed with all the claims of the plaintiff Xie XX.
In the end, the two parties reached a settlement after negotiation, and the plaintiff withdrew the lawsuit.

Institutional non-compliance, illegal practitioners, and flood of counterfeit goods

Why are there endless medical disputes?

An in-depth report on the medical beauty industry by China Merchants Securities attributed these accidents and disputes to three major industry chaos: non-compliant institutions, illegal practitioners, and the proliferation of counterfeit goods.

Specifically, there are a large number of medical aesthetic institutions and illegal practitioners operating illegally.
The "Underground Black Needle" White Paper jointly issued by China Data Research Center and China Plastic Surgery Association in 2018 shows that the number of domestic medical aesthetics "black institutions" has exceeded 60,000, which is 6 times that of formal institutions.
There are more than 150,000 medical aesthetic practitioners, which is 9 times the number of compliant physicians.
Some of these illegal practitioners only completed a few days of training before taking up their jobs, and then started to operate the micro plastic injection, semi-permanent or even other surgical operations.

Even in legal medical and aesthetic institutions, there are still operations that violate regulations and exceed the scope.
The main violation was the implementation of the surgical project beyond the scope.
According to the difficulty and complexity of the operation, as well as the possible medical accidents and risks, cosmetic surgery is divided into four levels.
Correspondingly, there are strict restrictions on the places where surgical projects at all levels are carried out.
Since the gross profit of surgical items is 20% higher than that of non-surgical items, some clinics or outpatient departments that can only perform first and second-level operations that are not difficult will be profitable and carry out high-level operations in violation of regulations.

According to data from Tianyan Check, among my country's 35,000 medical aesthetics-related companies, more than 3,600 have received administrative penalties, accounting for more than 10%.
Among them, 30% of the companies have 3 or more administrative penalties.

False publicity and qualification issues are the most common reasons for administrative punishment.
For example, an organization claims to focus on plastic surgery for 20 years, but the actual operation is only 10 years.
"Diagnosis and treatment activities exceed the scope of registration" and "using non-health technical personnel to engage in medical and health technical work" are common reasons for punishment for non-qualification.
In the three years from 2018 to 2020 alone, the number of administrative penalties related to consumer rights in the medical aesthetics industry accounted for about 1/3 of all administrative penalties, much higher than other industries.

It is not only the problems of institutions and practitioners themselves, but in the process of profit-seeking, many fakes and parallel imports of pharmaceuticals and medical devices have also appeared.
According to data from the China Plastic Surgery Association in 2017, 70% of hyaluronic acid and botulinum toxin products sold in the domestic market are fake and parallel imports.

In addition to the above-mentioned problems, the public is most concerned about the unsafe factors behind medical aesthetics.
What should I do if there is a problem during or after the medical aesthetics operation? Can the rights and interests be maintained?

The eight-point Jianwen search for cases found that the most controversial point of this type of medical damage disputes that cannot satisfy consumers is the determination of the fault or liability of the medical beauty institution.
In many cases, the plaintiff consumers cannot accept the results of the first instance.
The appeal will be filed again, and this process will continue for several years.

The protagonist of the most recent typical case is a woman who has gone through two rounds of court trials and has done an uncommon medical beauty project-injection of type A botulinum toxin.
This magic vial originally used to treat facial spasms and other muscle movement disorders is now the most popular anti-wrinkle cosmetic medicine in the beauty industry.
However, almost no medical and aesthetic institutions will actively mention the drug risks of this botulinum toxin to consumers or ask consumers about the relevant medical history: after injection of type A botulinum toxin, it may be poisoned or allergic and life-threatening.

The problem arises precisely at this time.

The plaintiff Cao went to a Shenzhen Medical Beauty Hospital to receive a type A botulinum toxin injection, and soon developed dizziness, nausea, fatigue and other symptoms, and was diagnosed as botulinum poisoning when he went to the doctor.
The reason for the problem is that Cao herself has an allergic physique.
She did not explain to the medical and aesthetic institutions.
When the medical and aesthetic institutions use Botox, only low-age medical practitioners perform this diagnosis and treatment project, and there is no risk or no risk.
Do an allergy test for Cao.
In the first instance, the court determined that the fault liability ratio of the medical and aesthetic institutions was 65%, and the compensation for mental damage was 65,000 yuan.

But Cao refused to accept the result of the first instance, believing that the medical and aesthetic institutions had too little liability and the compensation for mental damage was too small, so he filed an appeal.
In the second instance, the court held that Cao had insufficient evidence and upheld the first instance verdict.

Several other similar medical damage cases have also exposed other common problems in surgical operations in medical and aesthetic institutions: there is no relevant laboratory examination before the operation, no anesthesia record, and failure to follow the operating specifications.

It is worth noting that, looking closely at these cases, medical and aesthetic disputes often occur between acquaintances.
Some people will directly perform medical and aesthetic operations for acquaintances at home, which brings greater risks.

The plaintiff Sun and the defendant Xu met because of their children.
The defendant Xu claimed to be the dean of a formal medical aesthetics institution, engaged in medical aesthetic surgery, and recommended the store’s medical aesthetics products to the plaintiff Sun-by embedding human protein threads under the skin to tighten facial skin (commonly known as "Line carving").
Sun searched for the name of the store and saw that Dianping, Meituan and other websites did have an introduction to this medical and aesthetic institution, so he agreed to let the defendant do a "line carving" for it.

On the second day after Xu’s medical institution performed the “line carving” operation for Sun, the problem began to appear-the facial surgery wound was tingling, and the hard thread could be touched on the skin with the hand.
Xu asked Sun to go to her home for treatment.
She explained that a simple repair can be cured.
There are corresponding appliances, beauty beds and medicines at home, and the treatment at home is the same.

The treatment method is to make a cut on Sun's left face near the corner of the mouth after anesthesia, remove the ejected thread, and give a softening needle on the left and right sides and the corner of the mouth.
Afterwards, Sun got a bottle of normal saline, which was used for home disinfection and cleaning.

A week later, the skin on the top of the wired head reappeared, and the more severe pain even affected normal eating and speaking.
Soon ushered in the third move of the knife, two more cuts were made on his face, and two threads were pulled out.

In this regard, Xu Mou verbally admitted that the operation failed, but cheated Sun Mou that this was a normal reaction, and said that it would be fine if the protein thread would be absorbed after two months.

The same problem and treatment method happened three times since then, and Sun began to consider going to other hospitals for repair surgery.
But because Xu has been reluctant to say how many lines were buried in her face, even the top three-level plastic surgery hospitals that are quite authoritative across the country refused to perform repair surgery on her.

In the end, Sun took Xu to court.
The facts disclosed by the court were that the defendant did not have the qualifications of a physician at all, and was not allowed to perform anesthesia, surgery, and other medical practices.
This medical beauty institution did not have the qualifications to engage in medical beauty services.
The defendant The so-called "protein thread" used for the plaintiff’s suture surgery was a drug of unknown origin that was not approved by the state.
The "anaesthetic needles" and "softening needles" injected by the defendant for the plaintiff were also of unknown origin without state approval.
drug.

More direct examples appear on the Internet in the form of self-exposure.

During the Spring Festival, the post-95 actor Gao Liu posted photos of her coke-like nose that had failed plastic surgery on the Internet, hoping to "warn the girls who are going to undergo plastic surgery.
" The unqualified beauty salon introduced by a friend not only failed to bring her ideally tall and delicate nose, but also made her continue to look for repair methods and compensation possibilities in the shadow of failed surgery.
After that, she experienced a cyber violence at the same time, all kinds of emotions, comments and even verbal abuse in the virtual space hit her who just wanted to "move her nose" at the beginning.