[Case Summary]This case involves a dispute over a medical service contract. Ms. Liu, the plaintiff, spent 17,000 yuan on double eyelid repair at a medical beauty institution falsely claiming to be a branch of Beijing B General Hospital, but encountered postoperative complications and only discovered after the fact that it was a private hospital. Ms. Liu then entrusted Beijing Henglu Law Firm to handle the legal proceedings on her behalf.Wang FangliThe lawyer acted as an agent, and the lawyer's concealment of the true situation from the institution constituted fraud. In the end, the court mediated and the defendant paid 35,992 yuan (refund and compensation), and the payment has been completed. The core dispute is the identification of fraud by the medical beauty institution and the liability for compensation. The applicable legal provisions are the relevant laws on the protection of consumer rights.

I. Review of the case

"Can I protect my rights if a plastic surgery hospital pretends to be a branch of a third-level hospital?" and "How to claim compensation for failed medical beauty procedures?" are common challenges in medical beauty-related legal disputes. Medical beauty services are highly specialized and involve high risks, making it difficult to provide evidence and obtain expert appraisals during the legal process. Recently,Wang FangliThe medical service contract dispute case represented by the lawyer was settled through mediation by the court.

The defendant, Beijing A Medical Cosmetology Hospital Co., Ltd., operates at the second floor of the former well-known Beijing B General Hospital Physical Examination Center and has always claimed to be a branch of B General Hospital. The plaintiff, Ms. Liu, went there after seeing an advertisement on a medical cosmetology app, and the staff there claimed to be doctors from B Hospital. Based on her trust in B Hospital, Ms. Liu spent 17,000 yuan on double eyelid repair, but encountered numerous problems after the surgery. After Ms. Liu filed a complaint with the Beijing Municipal Consumer Rights Protection Committee, she learned that the defendant was not a branch of B Hospital, but a private cosmetology hospital established in 2018. The hospital refused to communicate with her in a very rigid manner, so Ms. Liu hired a lawyer to handle the case for her.Wang FangliThe lawyer is protecting the client's rights and interests.

II. The focus of the case

  • Focus 1: Do medical beauty institutions constitute fraud?Hiding the true situation of the branches of non-third-level hospitals and misleading the plaintiff into concluding the contract.
  • Focus II: Methods and amounts of compensation.Can I claim a refund and compensation, and what is the specific amount of compensation?
  • Focus 3: The evidence-gathering process in medical aesthetic cases.How to seek justice through alternative means when the situation does not constitute a disability?

III. Professional intervention by Hengluo Lawyers

The plaintiff (consumer) alleges that:Ms. Liu requested a refund and compensation because the agency concealed the true situation, misled consumers into accepting the service, and caused problems.

The defendant's (medical beauty institution's) position:At first, they took a hardline stance, completely refusing to communicate and denying responsibility.

Hengluo Lawyer's Agency Opinion:Wang FangliAfter the lawyer intervened, he first comforted and guided Ms. Liu to locate the surgical records. Medical beauty cases are usually difficult to constitute disability. The lawyer took a different approach, starting from the favorable fact that the hospital concealed the truth. He argued that the defendant concealed the real situation, causing the plaintiff to misunderstand and subsequently enter into a contract, constituting fraud and should bear legal responsibility. On this basis, he submitted a well-reasoned and well-founded indictment and evidence materials.

IV. Outcome of the case

Facing the strong courtroom evidence and statements from Hengluo Lawyer, the defendant, who was worried about being "confronted with unfavorable results", changed his tough attitude and agreed to mediation. Under the court's mediation, the two parties voluntarily reached an agreement that the defendant would pay Ms. Liu 35,992 yuan in mediation funds (one refund and one compensation) before January 19, 2024, and the payment has now been completed. The client achieved a satisfactory result of getting 36,000 yuan in compensation and refund.

5. Henglu Law Firm's Advice

Patients seeking medical beauty services should develop a scientific understanding and enhance their risk awareness, choose formal and qualified institutions, and seek medical treatment in a timely manner to preserve evidence. If the institution conceals the true situation and misleads consumers, consumers can claim compensation for fraud. This case is handled by Beijing Henglu Law Firm.Wang FangliThe attorney (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acted as the agent. In this case, the attorney approached the case from the perspective of fraud and helped the client obtain a mediation result of compensation and restitution.

VI. Common Questions About Medical Disputes - FAQ

  1. Q: Can we protect our rights if a plastic surgery hospital pretends to be a branch of a third-level hospital?
    A: Yes. If an institution conceals the true situation of non-branch institutions and misleads consumers into signing contracts, it constitutes fraud, and consumers can claim a refund and compensation equal to the amount of the contract.
  2. Q: If the failure of medical beauty procedures doesn't constitute a disability, can I still file a claim for compensation?
    A: Yes. Even if it doesn't constitute a disability, you can claim a refund and compensation through avenues such as institutional fraud and concealment of facts.
  3. Q: What evidence should be preserved when seeking legal protection for medical beauty-related issues?
    A: We should keep the advertisements, communication records, surgical records, payment receipts, medical records, and complaint records, etc., to form a complete chain of evidence.
  4. Q: Are medical beauty disputes considered infringements or contractual disputes?
    A: Medical beauty services are usually classified as infringement or contract disputes, depending on the specific claims and the choice of legal grounds based on the evidence.
  5. Q: Which is better, mediation or judgment?
    A: Mediation can be implemented flexibly and quickly, reducing confrontation. The agreement has legal effect, and once it is implemented, the rights and interests can be realized.