Seven beauty seekers filed a lawsuit against the same medical beauty facility four of them with grade 9 disabilities

2022-06-05 0 By

The same medical beauty agency is being sued by seven beauty seekers who come to the company for “cosmetic eye surgery”.However, after spending tens of thousands or even more than one hundred thousand surgery fees, many people’s eye shape is not as good as before surgery, but also appeared eyelid closure problems, including four people were identified as nine level disability.After the first and second trials by Beijing courts, the medical beauty agency was found to have infringed on its rights due to improper medical treatment and false publicity, and paid compensation ranging from 170,000 yuan to more than 800,000 yuan to beauty seekers.After zou had bags under her eyes cut in her hometown in Hunan province, she felt the skin on her lower eyelid sagging and wanted to have it adjusted.By chance, she saw the advertisement of a medical beauty clinic in Beijing:”Number one eye plastic surgery to repair a hospital”, “the surgeon is, m.d., famous eyelid repair experts, a patent technology” – she was impressed, “the clinic is one of the best eye plastic surgery to repair a hospital, the surgeon wang mou a focus eye plastic repair of 40 years, is the eye of a famous cosmetic repair experts in mainland China only ambitions.”Zou immediately went to the Medical cosmetology clinic in Beijing, where she underwent “bilateral lower eyelid reconstruction”.But after the surgery Ms Zou was even less satisfied with the shape of her eyes: “The outer corners of her eyes were short, round and blunt, scarred and asymmetrical.”She repeatedly consulted with the medical cosmetic clinic, but could not get a satisfactory response.She spent tens of thousands of yuan to repair her eyes six times, but the shape of her eyes could not go back to the past.”I was socially terrified and depressed because of my ugly eyes, which were hard to pull.”Ms Zou was diagnosed with depression by the hospital and continued to take medication for nearly two years before she got better.Ms Zou is in a similar situation with other beauty seekers.Ms. Wang, Ms. Qin and others also came to the clinic for eye plastic surgery, and some even paid for the operation in installments.After surgery, they all showed symptoms of ocular insufficiency, skin laxity, scar deformity, local depression and dry eye to varying degrees, among which, the most common symptom is eyelid insufficiency.Like Ms Zou, they have spent a lot of money on several repairs, but they still fail to achieve the desired results.Seven plaintiffs, including Ms Zou, sued the medical beauty agency separately around 2019.Ms Zou claims for medical expenses, nutrition, nursing fees and lost work costs of more than 740,000 yuan, including 200,000 yuan for mental damage and 168,000 yuan for triple the cost of the operation.On August 20, 2019, The Beijing Zhongzheng Forensic Expertise Institute issued an expert opinion on Ms. Zou’s eye surgery.”After the surgery, Ms. Zou developed skin laxity on both lower eyelids, disappearance of lower eyelid and decubens, local depression and other complications, which may be related to inaccurate marking or inconsistent width of skin removal tissue on both sides,” the opinion concluded.The opinion also confirms that the clinic’s communication with Ms Zou before the surgery failed to reach an aesthetic agreement and that the medical records were incomplete, and that there is a causal link between these medical errors and the consequences of Ms Zou’s injury.For the other patients in the lawsuit, the Zhongzheng Judicial Appraisal Institute also gave similar appraisal reports, and four of them were identified as ninth grade disability.”The only professional eye plastic and repair chain in China, the first brand of eye plastic and repair in China”, “A medical aesthetic concept, unparalleled exquisite technology, daily live broadcast of the operation process to witness the success of tens of thousands of cases”, the high and high advertising slogan can not cover up this clinic’s bad practice, from 2015 to 2017,The clinic has been punished several times for false publicity and illegal advertising.In 2019, while being sued, the medical beauty clinic changed its name and began advertising under a new name.The reporter inquired public information and found that in 2020, the renamed clinic was punished by the Chaoyang District Market Supervision Bureau for false advertising.At the end of 2020, the Chaoyang Court of first instance ruled that the medical beauty clinic should compensate Ms. Zou for more than 120,000 yuan and triple the compensation of 168,000 yuan, including the compensation for mental damage. The appeals of the other six patients were also supported by the court to varying degrees.But the clinic refused to accept the verdict of the first instance, to do not recognize the conclusion of the medical appraisal, the wrong application of law, mental damage compensation is too high reasons, to Beijing three people’s Court.The lawyer representing the medical cosmetology clinic said at the opening of the second trial that the procedure of the previous appraisal was illegal and the appraisal opinion was not based on sufficient basis, and applied for a new appraisal.”Three of these patients have had multiple surgeries since their surgery at our clinic.Their state at the time of the forensic examination does not reflect their state after the surgery at this medical clinic.”In addition, the clinic’s lawyers argued that the beauty seeker was not a consumer and should not be awarded triple the cost of the procedure under the Consumer Protection Act.Nie Xue, the lawyer representing the seven patients, said they did not seek treatment because their functions were limited, but because they wanted more beauty.Medical cosmetology clinic is a medical institution, but it is also a market subject, a for-profit medical institution, charging is completely market behavior, unlike public medical institutions, all projects and charges are regulated by the government, should be regulated by the “Consumer Rights and Interests Protection Law.Court ruled that the false propaganda to save three times compensation operation for Beijing fraud then think when verdict, released the beauty medical institutions for medical advertising content is inconsistent with the health administrative department for examination and approval of the contents of advertisements, slogans are not real and false propaganda behavior repeatedly by the administrative punishment, ms zou and others by the advertisements mislead and accept the service,Therefore, the medical beauty organization engaged in false publicity and fraud, and should apply the provisions of the Law on the Protection of Consumer Rights and Interests on punitive damages, and the medical beauty organization should compensate Ms. Zou three times of the operation cost.Secondly, the diagnosis and treatment behavior of the medical beauty institution was at fault, but Ms. Zou’s repair behavior in other institutions after surgery had changed the surgical results of the clinic, so the judgment reduced the fault liability ratio of the medical beauty institution to 60%.According to the different circumstances of the seven parties, the second trial decided to adjust the compensation proportion of the clinic to 60% in the three cases of Ms. Zou and others, and rejected the appeals of the remaining four cases and upheld the original judgment.In the end, the medical beauty agency was ordered to pay compensation ranging from 170,000 yuan to more than 800,000 yuan to seven beauty seekers.”I hope everyone can stand up bravely and defend their own interests with legal weapons, no matter how they are hurt,” Zou said after hearing the verdict.The judge said that he hoped that the judgment would lead to more regulation of the medical beauty industry. The judicial opinion played an extremely important role in Ms. Zou’s victory.Xian Hairong, the judge of the second instance of the case, said the court’s ruling basically supported the patient’s appeal, mainly based on the conclusion of judicial appraisal.”In the medical beauty industry, it is very difficult to identify the fault of the medical institution.From the judge’s point of view, we have to make sure procedurally, substantively, that there is no problem with the conclusion of the accrediting body.In the actual court hearing, both sides dispute about the appraisal result is relatively big.As such medical appraisals are very professional, the court took into full consideration the conclusions and opinions of the appraisers to decide the case and confirmed the primary responsibility of the clinic.”Why are beauty seekers identified as consumers in this case?”The pursuit of beauty by paying for surgery is different from traditional medical treatment,” he explained.It would be unfair for these patients to simply attribute it to the medical industry.””The clinic is a professional cosmetic medical institutions, should be the same as hospitals, preoperative risk notification, aesthetic agreement with patients, how the operation is done, late medication and recovery, to have a fully adequate record, but the clinic did not do.”Judge Xian Hairong reminded that for beauty consumers, it is very important to see a doctor in time, fix evidence in time and file a lawsuit in time after encountering problems.”We also feel very sad about people who go into surgery for beauty and end up with a level 9 disability.”Aram said.In addition, the judge believes that medical cosmetology clinics should pay attention to the court’s judgment orientation, “the court in determining the responsibility of medical cosmetology clinics, the sum of medical institutions on the same position, given greater responsibility and obligations;For the relationship between the institution and the patient, we define it as the relationship between the consumer and the service provider.”Judge Xian suggested that relevant industries and associations should pay sufficient attention to this, regulate the medical beauty industry, and maintain the integrity and order of the medical beauty market.Reporter Xu Huiyao (Beijing Evening News)