Plastic surgery is equivalent to conventional medical surgery. Before the operation, a preoperative agreement between the doctor and the patient is very necessary and must be signed by the doctor and the patient. The content of the agreement should include how the surgery will be performed, what materials will be used, the characteristics of the materials, what may happen after the surgery, suture removal time, recovery time, complications, etc. This is a guarantee for patients and is also required by medical regulations.
How to claim compensation after failed plastic surgery
Consumers who have suffered disfigurement after failed plastic surgery can file claims through the following methods:
1. Apply to the local health department The department reports the situation and requires the health and family planning department to intervene in the investigation;
2. The two parties can resolve it themselves. The specific amount of compensation, subsequent compensation methods, etc. can be resolved through negotiation between the two parties;
3. If both parties If the matter cannot be resolved through negotiation, judicial means can be taken and the matter can be brought to court.
If you are ready to file a lawsuit in court because of failed plastic surgery, you can do the following:
(1) Collect relevant evidence, such as the plastic surgery contract signed before the plastic surgery, and the witness testimony of other people;
(2) Go to a professional medical appraisal institution to request a medical appraisal to identify the level of injury;
(3) Write a complaint;
(4) File a complaint with The local court submitted a complaint and formally prosecuted the case.
As for the determination of the amount of compensation, it usually needs to be calculated based on the actual losses caused by the actual injury. The items for compensation mainly include: medical expenses, lost work expenses, transportation expenses, nursing expenses, etc. Specific compensation standards This should vary on a case-by-case basis. In addition, because the disfigurement caused by plastic surgery will affect the opinions of surrounding people about the person having plastic surgery, causing the other person to lose confidence in life, it is possible to claim compensation for mental damages.
Legal basis:
Article 1219 of the "People's Republic of China and Civil Code"
Medical personnel shall Explain the condition and medical measures to the patient. If surgery, special examinations, or special treatments are required, medical staff should explain the medical risks, alternative medical plans, etc. to the patient in a timely manner, and obtain their explicit consent. If it is appropriate or inappropriate to explain to the patient, they should explain it to the patient's close relatives and obtain their express consent. If medical personnel fail to fulfill their obligations in the preceding paragraph and cause harm to patients, the medical institution shall bear liability for compensation.