In order to make herself more beautiful at the wedding, Ms. Chen had a hyaluronic acid injection surgery at a beauty hospital, but what she didn't expect was that after the injection, her vision in her right eye deteriorated and she was almost blind. Ms. Chen sued the beauty hospital, demanding more than 770,000 yuan in compensation. Who bears the responsibility for such medical aesthetic surgery disputes?
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In January 2019, on the eve of her wedding, Ms. Chan decided to inject hyaluronic acid into her forehead. She agreed with the beauty hospital for 6,000 yuan for a needle, and the specific number of injections depends on the surgical situation. However, after the first injection, Ms. Chen experienced eye pain, dizziness, vomiting and other reactions.
The medical aesthetic agency said that the agency does a lot of similar filling projects every day and there will be no serious consequences. However, Ms. Chan still felt unbearable pain, so instead of continuing with the filler injection program, she opted for remedial measures.
However, Ms. Chen's symptoms did not alleviate and she was taken to the hospital for treatment.
Ms. Chen appointed an agent ad litem Yang Jian: Ms. Chen first developed symptoms of blurred vision, and later lost vision in her right eye. After 21 days of hospitalization, Ms. Chen's vision never recovered.
Ms. Chen's diagnosis certificate issued by the hospital stated: visual impairment in the right eye, ischemic changes in the right optic nerve, and complications after facial filler filling.
After 21 days of hospitalization, Ms. Chen was discharged, but her right eye was almost invisible. Ms. Chen believed that the non-standard operation of the beauty hospital caused serious damage to her vision in her right eye, so she sued the court, demanding compensation of more than 770,000 yuan for medical expenses, lost work expenses, disability compensation, and spiritual solace.
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In the course of the litigation, Ms. Chen's child was born, so the amount she claimed was added to the living expenses of the dependents by more than 100,000 yuan.
Lei Yue, assistant judge of the First Civil Division of the Beijing No. 3 Intermediate People's Court, said that there were two key issues in the trial:
The first is whether the defendant hospital's act of injecting hyaluronic acid is at fault, and the defendant hospital should pay compensation for infringement according to the proportion of liability.
The second question is whether the living expenses of the dependents claimed by Ms. Chen should be borne by the hospital.
Regarding Ms. Chen's disability, the judicial appraisal opinion reads: Ms. Chen's right eye is blind to grade 5, and the disability level is grade 8. The aesthetic hospital argued that they had been informed of the risks before the operation, that the operation was in compliance, and that Ms. Chen had taken corresponding treatment measures after she had uncomfortable symptoms, and that her actions were not at fault.
However, for the determination of liability for medical damages, the judicial appraisal opinion reads: The beauty hospital is at fault for the medical behavior of the appraised lady, and there is a causal relationship between the fault and Ms. Chen's damage consequences, and this appraisal suggests that the causal force of the medical fault is the main reason.
In response to the second focus issue, regarding the determination of the living expenses of the dependents, the aesthetic hospital believes that they should not bear it, because Ms. Chen's accident occurred in January 2019, her child was born at the end of 2021, and Ms. Chen's disability assessment was issued in January 2022.
Beauty hospital entrusted with an agent ad litem: Under normal circumstances, the time for disability assessment should be 3~6 after the injury, and the child has not yet been born within that time period, and the time of appraisal should not have an impact on the compensation.
Ms. Chen's side argued that Ms. Chen's child had already been born at the time of the determination of Ms. Chen's disability, and her disability had indeed had an impact on the lives of her dependents, and she should claim the corresponding expenses.
After the first and second instance of the case, the court held that if the medical institution was at fault in its medical behavior and caused damage to the patient, it should bear the tort liability for compensation. The court also upheld Ms. Chen's claim for the living expenses of her dependents.
Lei Yue said that according to the provisions of the judicial interpretation, the living expenses of the dependents are also part of the disability compensation. After the infringed party encounters the infringement, it may constitute disability, resulting in a decrease in his ability to work and his ability to support him, so the law stipulates that the person who has the obligation to support him may claim compensation for the living expenses of the corresponding dependent.
The Beijing No. 3 Intermediate People's Court made a final judgment on the case, and the beauty hospital compensated Ms. Chen for medical expenses, lost work expenses, nursing expenses, and disability compensation totaling more than 560,000 yuan. At present, Ms. Chen has received the compensation.
The number of users of medical aesthetic programs has increased over the years, but once a dispute occurs, the process of consumer rights protection is often difficult and time-consuming, and even the disfigurement of the person concerned due to beauty is difficult to fully compensate.
The judge reminded that the healthy development of the medical cosmetology industry still needs to be further regulated: relevant practitioners need to improve their skill level, and medical cosmetology devices and drugs also need to be more rigorously qualified. For consumers, in addition to choosing a formal institution, they also need to understand the risks of surgery and make a prudent decision.
Source of this article: CCTV News WeChat public account (ID: cctvnewscenter)
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