First, how to protect the rights of medical beauty failure
According to the relevant laws and regulations of our country, medical institutions shall bear the responsibility if medical beauty fails and causes medical accidents. Both parties can negotiate compensation. If negotiation fails, they can bring a lawsuit to the court.
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.
Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.
Second, the components of medical tort liability
1. The subjects of medical infringement are medical institutions and medical personnel. If illegal medical practice causes personal injury to patients and violates the criminal law, criminal responsibility shall be investigated according to law and civil liability shall be borne at the same time. Because the actor who illegally practices medicine does not have the civil subject qualification to conclude a medical contract, this kind of civil liability should not be understood as the liability for breach of contract, but as the liability for tort, and he can bear the corresponding civil liability for compensation according to the relevant provisions of the tort law.
2. The imputation principle of medical tort is fault principle. Considering the difficulty of proof, and considering that patients who have been infringed by wrong medical behavior can get more compensation opportunities, medical institutions should bear the burden of proof on whether the medical staff of medical institutions providing medical services are at fault and whether medical behavior conforms to medical behavior norms and professional standards.
3. The occurrence of destructive facts. Wrong medical behavior has caused personal injury to patients, such as death, disability or unnecessary tissue damage to patients.
4. There is a causal relationship between medical negligence and the consequences of patients' injuries. Because the medical behavior itself has the characteristics of damage, the existing pathological changes of patients may also play a certain role in the occurrence of damage consequences. The existing damage consequences of patients are often the result of the interaction of many reasons, that is, the so-called multiple causes and one fruit. When analyzing the force of wrong medical behavior and pre-existing diseases on the damage consequences, we cannot ignore the force of patients' pre-existing diseases on the damage consequences. When judging the relationship between cause facts and damage facts, Japanese forensic scientist Fujio Watanabe and other scholars adopt the degree of damage participation, which is worth learning. The so-called injury participation means that there is a causal relationship between injury and existing diseases and consequences, and the division and commitment of responsibility are judged and determined by the method of quantitative proportion.
The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, medical institutions shall bear the responsibility if medical beauty fails and causes medical accidents. Both parties can negotiate compensation. If negotiation fails, they can bring a lawsuit to the court. If you need legal help, readers are welcome to consult.