In the age column of the consent form, the girl wrote "18 years old".
Children's parents
The daughter is underage, why do you operate on the child without the parents' knowledge?
hospital
The plastic surgery hospital admitted that "management is flawed" and stressed that the girl herself filled in "18 years old".
lawyer
Minors must be signed by guardians when they operate in plastic surgery institutions, and it is difficult for hospitals to shirk their responsibilities.
"Mom, I owe money to the plastic surgery hospital."
"How can I owe money to the hospital and how much?"
"I owe more than 10000, and they gave me a mortgage ..."
2015165438+10. On 7 October, Xiaozhen, a girl of 17 years old who was studying in a vocational school in Chengdu, had a facial micro-plastic surgery in a plastic surgery hospital in Chengdu without telling her family, at a cost of12,000 yuan. Xiaozhen, who has no income source, can't pay by installment, but she found a friend to pay by installment.
Ms. Li of Jintang County in Chengdu can't believe this fact. After scolding her daughter Xiaozhen, she went to the hospital and claimed, "My daughter is underage, why did I perform surgery on her child without my knowledge?" In this regard, the plastic surgery hospital replied that the management was flawed, but stressed: "The girl herself filled in 18 years old."
The girl wanted plastic surgery, and the hospital said, "We can pay by installments."
Zhen Xiao, 17 years old, is a student of a vocational and technical college in Chengdu. She loves beauty by nature. She is dissatisfied with her chin and lips. After seeing an advertisement called "Chengdu Beauty and Plastic Surgery Hospital", she was moved, so she consulted the staff of the hospital through QQ.
On June 5438+065438+ 10 last year, she contacted the staff of the plastic surgery hospital, and the other party was very enthusiastic. Xiaozhen said that the other party has been persuading her to do micro-plastic surgery, telling her that she is still a student, 17 years old and has no money. The staff said that this was not a problem. You can have surgery without money and pay in installments. If you are below 18 and can't pay in installments, then find an acquaintance above 18 to help her get one. As long as you pay back a little money every month, the hospital can arrange an operation for her right away.
In order to verify whether we can find someone else to handle the installment, the reporter contacted Mr. Liu, a staff member of the loan company who helped Xiaozhen at that time, as a customer. "Can minors pay in installments?" "I can't." Mr. Liu said. "Can minors find someone else to handle the installment payment business?" "In principle, yes." Mr. Liu said it could be done on the same day under 20 thousand yuan.
"The person who runs the loan is inconsistent with the person who operates it, and the hospital will not check it?" "Don't check. We can solve it by some means. " Under the reporter's questioning, Mr. Liu said that a greeting would solve the problem. "Don't worry."
Looking for a loan, the hospital calls it "management flaw"
Ms. Li told reporters that after her daughter came home from winter vacation, she noticed a little change in her face, but she didn't think about it. Because my daughter is still studying, there is no money for surgery at all. But when her daughter admitted that she was unable to repay the loan, she was almost shocked.
165438+1On October 7th, Xiaozhen came to this plastic surgery hospital. After completing the installment payment procedure as a friend, the hospital staff quickly arranged to give her a facial micro-plastic surgery.
Ms. Li believes that "the hospital is inducing her daughter to have surgery" because it is obvious that one person is going through the staging procedure and the other person is doing surgery. "Why did you give it back to her?"
Ms. Zhang, the operation director of plastic surgery hospital, explained that when she was in the hospital, the staff only confirmed the payment amount and whether it had arrived, but did not confirm whether the person who handled the installment payment and the surgeon were the same person. "Because installment payment can only be handled by adults, since it has already been done, we have not verified our identity." She also admitted that the management of the hospital was flawed. "This is indeed the negligence of our work."
The girl is underage and the hospital has not verified her age.
Xiaozhen was born in1June, 998. She was under the age of 1 1 June, and was a minor. However, the reporter checked the information about Xiaozhen's surgery in the plastic surgery hospital. The consultation record, the customer consumption list, the informed consent of anesthesia and the consent of plastic surgery all have Xiaozhen's signature, but the age column in all the materials reads "18 years old".
Did Xiaozhen deliberately fill in the age of 18, or did someone "hint"? This question is really not answered clearly.
The hospital took this one with Xiaozhen's signature, filled out the consent form of "18 years old" and gave Xiaozhen anesthesia cosmetic surgery.
Does the hospital know Xiao Zhencai 17 years old? When filling in the information, does the staff ask the customer to show his ID card to verify his age? Ms. Zhang, the operation director of plastic surgery hospital, responded that Xiaozhen's age was 18. Under normal circumstances, the staff will ask the customer's age and ask for an ID card. "But we are not an authoritative organization, and we can't ask customers to show their ID cards before surgery."
But Xiaozhen said that the staff never asked her to show her ID card, and "I said that I had surgery that day. The dean on the operating table asked me my age, and I also said 17 years old. "
Ms. Zhang said that Xiaozhen once told the staff of a hospital in QQ that she was underage, and the staff refused Xiaozhen's cosmetic request. Later, another staff member docked with Xiaozhen. Ms. Zhang said that "Xiaozhen didn't say that she was only 17 years old", so the staff would advise her to do the installment payment business that requires an adult ID card.
News perspective
The tide of plastic surgery has spread, and art candidates are mostly in the student circle.
The reporter interviewed relevant people in the industry and learned that there are no specific regulations on medical beauty for minors in China. The reporter checked the Regulations on the Protection of Minors in Guangzhou, which was implemented on 20 13 1. It is stipulated that "minors are not encouraged to implement medical beauty projects. Minors who really need medical beauty for special reasons must obtain the consent of their legal guardians. Medical institutions and their medical staff shall inform minors and their legal guardians of the indications, contraindications and medical risks in writing before implementing medical beauty projects for minors. "
The reporter interviewed a number of plastic surgery institutions in Chengdu and learned that more and more minors began to join the plastic surgery army. Except for a small number of plastic surgery for burns or facial deformities, most of them are facial micro-plastic surgery for non-medical purposes in pursuit of beauty. Every winter and summer vacation, the baby face is more concentrated.
Among the patients, students are mainly concentrated in Grade Three, Grade Two and Grade Three, and most of them are art candidates preparing for the college entrance examination.
Zhang Jinsong, vice president of a medical beauty institution in Chengdu, said: First, some children entering adolescence have a strong psychology of seeking beauty; Second, under the pressure of exams and employment, some young parents are unwilling to let their children lose at the starting line. "Beauty starts with dolls."
"At present, there is no regulation that minors cannot undergo non-medical cosmetic surgery. We can't refuse the cosmetic plastic surgery requirements of minors and their parents. However, for minors to see a doctor, we stipulate that they must be accompanied by their parents or legal guardians and sign the consent before they can perform surgery. "
He told reporters that because the bones and organs of minors are not fully developed, the effect after the operation may be much worse than expected, and the operation has certain risks. For example, in primary and secondary schools, children's nasal bones are not well developed, and some children will have a "flat nose" and "nose facing the sky". If "rhinoplasty" is performed too early, it may affect the normal development of the nose. Plastic surgery requires not only physical maturity, but also psychological maturity. Patients need to be fully prepared and face a series of unknown surgical risks.
state of play
The family claimed 6000 yuan, but the hospital refused to accept it.
Recently, Xiaozhen's mother, Ms. Li, came to Chengdu with her daughter and found this hospital. She said she defended her rights because her daughter was underage. Without her knowledge as a guardian, the hospital operated on the child, which affected the child's face because the child was still growing.
She claimed at least half of the operation fee from the hospital, that is, 6000 yuan. On October 28th, 65438/kloc-0, after weighing, the hospital put forward its own settlement plan, that is, to compensate Ms. Li for a voucher worth 5,000 yuan. But this was rejected by Ms. Li. "We won't do more treatment in this hospital. What's the use of vouchers? We don't need them at all. " She wanted a discount, but the hospital wouldn't accept it. At present, the two sides have not reached an agreement.
Lawyer's statement
"Without the signature of the guardian, the operation of the hospital is illegal."
"It is illegal for cosmetic medical institutions to perform medical cosmetic surgery on minors without the consent of their legal guardians, both physically and legally." Zhao Yin, a lawyer of Sichuan Mingju Law Firm, told the reporter.
He said that for immature minors, plastic surgery, as a kind of medical surgery, means great risks. The appearance of minors has not yet been finalized, and the skin, organs, bones and other tissues have not yet matured. Premature cosmetic surgery is not conducive to physical development; More importantly, at the legal level, according to the General Principles of the Civil Law, minors under the age of 10 and under the age of 18 are persons with limited capacity for civil conduct, and medical behaviors with dangerous factors such as cosmetic surgery are obviously not behaviors that minors can decide on their own. It is illegal for a plastic surgery hospital to use someone else's ID card for medical beauty treatment for minors when it knows that it is impossible to establish a medical beauty contract with it, and it can complain to the relevant departments. At the same time, the medical contract is invalid because the examinee is unqualified. If an invalid contract is invalid from the beginning, it may require a refund of the expenses and compensate for the losses caused thereby.
Official voice
Health Planning Commission: Instruct the local health planning commission to investigate
In response to this matter, the person in charge of the relevant departments of the Chengdu Municipal Health Planning Commission told the reporter that according to the principle of territorial management, they have informed the Chengdu jinniu district Health Planning Bureau of the relevant situation and instructed the Chengdu Health and Family Planning Supervision and Law Enforcement Detachment to follow up and supervise this matter. Once the hospital involved is found to be in violation of laws and regulations, it will be dealt with seriously.