Why is it difficult to protect medical and beauty rights?

Where is the

difficulty inprotecting the rights of medical beauty? Reporters investigate the road to rights protection of the losers of plastic surgery ● In reality, there are not a few cases where the rights of medical beauty encounter difficulties
.
Most plastic surgery failures face problems such as difficulty in producing evidence and identification when defending their rights.
Some medical and aesthetic institutions either shirk their responsibilities and refuse to provide relevant materials, or adopt delaying tactics.
● In judicial practice, a considerable part of the rights protection of medical and aesthetic disputes ends up It ended in the consumer's loss
.
Due to the lack of supporting laws and regulations , even if the litigation is successful, the amount of compensation is often far from the parties’ demands.
Marketers fudge, blindly and impulsively consume
.
At the same time, when defending rights, you should also pay attention to the methods and methods "Do you think you are causing me trouble, will I let you leave Jinan alive?" Fan your face!"
"After the call, I will let you go!" Recently, the video of Liu Mouming, the female boss of the Joy Plastic Surgery Institution in Shandong Jinan, assaulted a customer, has attracted widespread attention
.
On September 7, the official microblog of the plastic surgery organization issued a statement stating that the customer in the video was a member of a professional medical gang
.
On September 9, Jinan Public Security issued a notice stating that the criminal suspect Liu Mouming was suspected of illegal detention and was detained in accordance with the law
.
According to a survey conducted by a reporter from the Rule of Law Daily, in reality, there are not a few cases where medical and beauty rights protection encounter difficulties
.
According to experts interviewed by reporters, in addition to the use of "lynching" and "death threats" by a few medical and aesthetic institutions, most plastic surgery failures also face difficulties in producing evidence and identification when defending their rights.
Some medical and aesthetic institutions may shirk their responsibilities and refuse to defend their rights.
Do not provide relevant materials or adopt delaying tactics
.
In the judicial practice in various places, due to the lack of supporting laws and regulations, even if the litigation is successful, the amount of compensation is often far from the demands of the parties
.

　　Disorders of medical beauty emerge endlessly.

　　Disputes suddenly increase.
Rights protection difficulties.

"Believe me and make you beautiful, and if you don't believe me, you will make your rivals beautiful.
" "If you don't believe me, you will make your rivals beautiful.
" One stitch, if you don’t believe me, please continue to be ugly".
.
.
The reporter's investigation found that the current brainwashing medical beauty advertisements in elevators have gradually faded away.
Continue
.
The most common is to take a picture of a person with ordinary appearance or some defects and a picture of a person who looks better, and then add some suggestive text, such as good-looking people are easy to work in the workplace "Lie down to win" and so on
.
According to the "2021 China Women's Workplace Insight Report", over 50% of women in the workplace have facial anxiety, and the post-90s generation has the highest proportion of facial anxiety, reaching 60%
.
Earlier, some media conducted a questionnaire survey on the topic of facial anxiety among 2063 college students across the country, and the results showed that 59.
03% of colleges survived with a certain degree of facial anxiety
.
Li Cenyan, deputy director of the Chinese Plastic Surgery Association's Aesthetic Medicine Education and Management Branch and director of Beijing Zhijin Law Firm, told reporters that there are more chaos in medical beauty advertisements, and some medical beauty institutions are exaggerating in advertisements, which is the result of " An important reason for "appearance anxiety"
.
The reporter found through searching that the full name of Joy Plastic Surgery is "Shandong Ward Joy Medical Cosmetology Co.
, Ltd.
".
Its actual business scope does not include plastic surgery and cosmetic surgery.
According to the "Management Measures for Medical Beauty Services", Joy Plastic Surgery may not Does not have medical aesthetics qualifications
.
In addition, inquiries on the qualifications of medical institutions on the website of the Jinan Municipal Health Commission, the "Joy Beauty and Plastic Surgery Hospital" could not be found
.
In the medical aesthetics industry, this situation is not rare
.
The "White Paper on Insights into China's Medical Beauty Industry in 2020" shows that in 2019, there were about 13,000 institutions with medical beauty qualifications in my country, while the number of illegally operated medical beauty shops exceeded 80,000, and legal medical beauty institutions accounted for only 14% of the industry.

.
Among the legal medical and aesthetic institutions, 15% still operate beyond the scope
.
On the one hand, it is the popularization of the economy of beauty and light medical beauty, while on the other, the chaos and disputes of medical beauty continue to grow
.
According to the annual statistics of complaints received on the official website of the China Consumers Association, the number of medical aesthetic complaints in 2015 was 483, and by 2020 it has reached 7,233, an increase of nearly 15 times
.
In addition, in medical aesthetic disputes, consumer rights protection are often very passive, and a considerable part of the rights protection of medical aesthetic disputes ultimately ends in consumers losing the lawsuit
.
In Baidu Tieba, which is followed by 180,000 people, "Surgery fails", there are tens of thousands of posts telling about the detours that they have taken because they want to be beautiful.
"Nose", "face was rotten," "raised eyebrows left two scars"; some people used words to complain about the process of being cheated by medical institutions, including cosmetic loans and various surgical failures
.

Ding Yeshan, a lawyer at the Fujian Yingkun Law Firm, who has represented many medical and aesthetic disputes, told reporters that it is not easy for consumers to successfully defend their rights
.
"Because the market is full of fake injections and black clinics, even if consumers are very careful, they may fall into a trap if they are not paying attention
.
What's more, when receiving medical beauty services, many consumers have not signed corresponding medical and beauty institutions.
In the service contract, the contract did not clearly stipulate the specific service standards or service effects, or did not keep the corresponding medical records, notices and other medical records, and some even used pseudonyms to receive medical aesthetic services
.
In the event of a dispute, it is difficult for consumers to prove themselves There is a service contract relationship with the medical beauty institution, and the medical beauty institution has not achieved the service effect promised
.
" Ding Yeshan said
.

　　Lack of relevant evaluation criteria
　　whether it has failed is difficult to determine
Just after the joy of shaping events exposed shortly after September 10 this year, Chengdu, Sichuan, said Ms.
Wang found about breast asymmetry, when suspected own doctor took CT August 2020 in Chengdu, the United blossoming beauty plastic surgery hospital to do the breast augmentation surgery The prosthesis is inverted
.
Later, she found a hospital to defend her rights, but the hospital refused to admit it, saying that only an autopsy could prove it
.
Ms.
Wang said that while defending her rights, she was beaten by hospital staff and caused a concussion, her eyes were red and swollen, and her body suffered multiple injuries
.
The hospital staff responded that they had no knowledge of this matter
.
Recently, the reporter randomly selected 5 medical beauty institutions on Dianping Dianping and consulted with customer service as a beauty seeker
.
When it comes to how to deal with problems in the event of a problem, all institutions stated that the operation is strictly in accordance with the procedures, and generally there will be no problems; when reporters repeatedly asked questions, the customer service kept going in circles, and none of the medical aesthetics institutions were positive Respond to this question
.
Many people interviewed by reporters stated that the most common attitude of medical aesthetics institutions is to "stay in the back
.
" Ms.
Li, who had undergone rhinoplasty surgery at a plastic surgery institution in Shanghai, told reporters that before the surgery, the staff of the plastic surgery institution promised that there would be no problems, and praised the effect to a high level.
At the same time, she said that a full refund will be given even if something really happens.
Plus compensation
.
But after the operation, Ms.
Li found that the nose was crooked, and the two nostrils, one large and one small, looked very strange
.
When I went to the plastic surgery institution again, the other party had lost the previous enthusiasm, and refused to agree to the refund and compensation several times, and then the other party did not even show his face
.
Experts interviewed by reporters believe that in addition to the early verbal commitments of the two parties that were not fixed in the corresponding legal form, an important reason for the difficulty of consumer rights protection is the lack of judgment standards on whether medical aesthetics has failed, and medical aesthetics services have caused consumers Part of the loss is difficult to quantify
.
Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, introduced to reporters that general medical behavior is a process obligation, not an obligation of result.
To determine whether a medical behavior should bear tort liability, it mainly depends on whether the medical behavior conforms to As for the diagnosis and treatment standards of our professionals, the final result is not completely guaranteed by the doctor
.
But besides medical behavior, medical beauty is also a kind of consumer behavior to a large extent
.
Whether the result of medical aesthetics is based on the standards of those seeking beauty or the standards of doctors is highly subjective
.
For example, for the same operation, consumers feel that it has not reached the standard they want, but in the eyes of others, the operation has been very successful.
It is only because the consumer's own basic conditions or their own beliefs have not reached its standard, which has brought it in practice.
Many disputes
.
Ding Yeshan said that in litigation rights protection consumers often need to prove the degree of damage they have suffered through appraisal, but currently there is no personal injury appraisal standard for medical cosmetology in China.
It is difficult to determine the appearance damage caused by consumers
.
At present, the appraisal often refers to the "Human Injury and Disability Degree Appraisal Standards" in the application of personal injury cases.
For damage that does not cause organ deformities or limb dysfunction, even if consumers think that the appearance is affected, the appraisal agency is difficult to judge the degree of damage
.
And even if they win the case, the compensation that consumers can get is often less than expected
.
Ding Yeshan explained: “If the appraisal agency identifies that the consumer’s injury does not constitute a disability level, it will be difficult to calculate the corresponding loss amount for the appearance and mental injury claimed by the consumer
.
In medical disputes, If the consumer's own fault is also one of the causes of the damage, then in the litigation, the court may comprehensively consider the degree of fault of both the medical and aesthetic institution and the consumer to determine the proportion of responsibility that each party should share
.
For example, the consumer is corrupt.
It is cheaper to choose to go to irregular medical and aesthetic institutions to receive services, or to believe in drugs and equipment of unknown origin
.
"Currently, the charges for cosmetic surgery are extremely high, so high that they are no longer in line with medical costs.
However, when medical aesthetics fails, ordinary infringement standards will be used to measure compensation
.
For example, in China's relevant judicial interpretations on compensation for personal injury, there are certain standards for how to calculate compensation for disability and mental damage, but this standard was originally applied to ordinary tort cases
.
For those seeking beauty and medical treatment, the mental pain caused by the failure of plastic surgery and the cost of recovery are huge, but currently we do not have special legal regulations in this area, resulting in less compensation
.
"Deng Liqiang said
.
To
　　solve the chaos of medical and aesthetic institutions

, industry management needs to be strengthened .
The road 　　to rights protection is difficult, and industry management urgently needs to be strengthened
.
On August 27, the General Administration of Market Supervision issued the "Medical Beauty Advertising Law Enforcement Guidelines (Draft for Comment)".
Medical cosmetology advertisements are medical advertisements.
Advertisers must obtain medical institution practice licenses in accordance with the law to publish or commission medical cosmetology advertisements; to publish medical cosmetology advertisements, they must obtain or check the "Medical Advertisement Review Certificate" and publish them in accordance with regulations
.
Focus on cracking down on the creation of "appearance anxiety", the use of advertising spokespersons to make recommendations for medical beauty, and the disguised release of medical beauty advertisements in the form of introducing health and health knowledge
.
Deng Liqiang believes that whether a medical beauty act is appropriate or not is only a medical beauty professional.
To comment on possible problems
.
"I have dealt with such a dispute.
Consumers have undergone surgery because of ear deformities.
Our ears are all backward, but the ears made by medical aesthetics institutions are forward.
It doesn't look like normal ears at all
.
However, the peer review said that the general shape of the ears has been established.
According to the patient's physique and the current medical level, this can only be done.
This is obviously unreasonable.

.
Therefore, it is particularly important for the state to issue relevant evaluation standards and establish a third-party neutral evaluation agency, which includes not only medical and aesthetic professionals, but also experts in other fields, ordinary individuals, etc.
, otherwise it is too unfavorable for consumers.
Fair
.
"The country has launched a heavy blow.
It is obviously necessary to rectify the chaos in the medical beauty industry, but as consumers, we must also face advertising rationally.
Do not be fooled by marketers, blindly and impulsively
.
Deng Liqiang said that in addition to strengthening the medical beauty industry rectification and self-discipline In addition, consumers should also look for formal and qualified institutions and doctors, and don’t trust the introductions of so-called friends
.
"On the official website of the National Health Commission, you can see the hospitals and the Whether doctors have the corresponding qualifications, genuine drugs have a national drug regulatory code, which can be logged on the website of the State Drug Administration, and some cities have also launched a small program to inquire about formal plastic surgery institutions on WeChat
.
In addition, once illegal medical and aesthetic institutions are discovered, the media should also expose them in time to remind everyone to pay attention
.
At the same time, consumers should also pay attention to the methods and methods when protecting the rights of medical beauty
.
Li Cenyan said that she has encountered many "medical troubles" in the rights of medical beauty, such as pulling banners in medical beauty institutions and gathering crowds.
Blocking the door does not allow the normal operation of medical and aesthetic institutions, posting in online forums, spreading negative reviews of medical and aesthetic institutions, etc.
, adopting various measures to hinder medical order, expand the situation, cause negative impacts on the hospital, put pressure on the hospital, and profit from it
"Some medical troubles are making unfounded claims against the hospital, but the hospital may not be at fault
.
This not only disrupts the public order of society and is not conducive to the real solution of the problem, but also harms the interests of real rights defenders
.
After encountering a dispute, if negotiation or other methods do not work, the problem should be resolved through judicial channels in the end
.
"Li Cenyan said
.
Ding Yeshan suggested that in view of the fact that dispute resolution through negotiation is simpler, faster, economical and timely than resolving disputes through litigation procedures, consumers can choose to negotiate with medical institutions when disputes arise between consumers and medical institutions.
Resolve disputes, and at the same time, pay attention to keep corresponding communication records and fix relevant evidence during the negotiation process
.
If the two parties cannot reach a consensus through consultation, consumers can report and complain to the health, market supervision and other departments
.
If the practitioners of the medical and aesthetic institutions engage in illegal and criminal activities such as illegally practicing medicine and selling counterfeit drugs, consumers can directly report to the public security organs to pursue criminal responsibility for the offenders
.