[Direct answer]In the Beijing area, liposuction is considered a form of medical cosmetology, and institutions and personnel must possess the appropriate qualifications. If an infection occurs due to the operation or equipment, compensation can be claimed according to the law. According to Article 121 of the Civil Code of the People's Republic of China, if a medical institution or its medical staff are at fault and cause harm to a patient, the medical institution shall bear the liability for compensation; Article 122 stipulates the presumption of fault in cases such as violating medical treatment norms, concealing or refusing to provide medical records, and tampering with medical records. If the institution or personnel do not have the appropriate qualifications, they may also constitute illegal medical practice, and those who commit serious violations may be subject to criminal prosecution. Action directions: verify the qualifications of institutions and personnel, seal medical records and surgical records, and promptly confirm infections and apply for medical damage appraisal.

I. Problem background and typical scenarios

The medical beauty market is huge, and liposuction is a traumatic surgery, with the risk of infection being unacceptable. A typical scenario is: after undergoing liposuction at a beauty institution, the institution blames it on "individual constitution"; or the surgery is performed by unqualified personnel, and it is only later discovered that the institution does not have the corresponding departments and qualifications. The prerequisite for protecting one's rights are to first clarify "who is doing it and whether it is done correctly".

II. Key points of contention

Firstly, whether the institution and the operating personnel have medical cosmetology qualifications; Secondly, whether the infection was caused by operational errors or equipment defects; Thirdly, whether the medical records and informed consent are standardized; Fourthly, whether the responsible party is the institution, the doctor, or the product manufacturer. The core point is that qualifications and standards are the basis for determining fault.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling medical cosmetology disputes shows that the first step in protecting medical cosmetology rights is "checking qualifications, sealing medical records, and conducting appraisals". Firstly, check qualifications: Liposuction belongs to medical cosmetology projects, and both the operating institutions and the attending physicians must have the corresponding qualifications. The institutions should also have the clinical specialties and disinfection and isolation conditions consistent with the project; operating without qualifications or beyond the scope of business constitutes a fault, and serious cases may involve the crime of illegal medical practice. Secondly, seal medical records: Require the sealing of medical records, surgical records, anesthesia records, information on instruments and consumables, and informed consent forms; if the institutions conceal, refuse to provide, or tamper with medical records, they may be presumed to be at fault according to Article 1212 of the Civil Code. Thirdly, conduct appraisals: The causal relationship between infection and surgical operation, and the degree of fault usually need to be determined through medical damage appraisals; if it is suspected that there are defects in instruments or injection materials, product liability can also be claimed. In terms of rights protection path, you can first negotiate with the institutions or apply for medical dispute mediation. If no agreement is reached, you can file a lawsuit to claim medical expenses, loss of income, nursing care fees, follow-up treatment fees, disability compensation, and compensation for mental distress, etc. In practice, patients often face difficulties such as evidence being in the hands of the institutions, incomplete surgical records, and even illegal operations. Therefore, it is recommended to hire a lawyer as soon as possible to check the qualifications of the institutions through the competent departments, retrieve registration and licensing information, and apply for sealing and appraisals. In Beijing, the supervision of medical cosmetology and the handling of medical disputes are relatively standardized, and patients can file complaints and reports to health and market supervision departments. It should be noted that if it involves illegal medical practice, you should promptly report it to the public security organ and retain the right to civil claims. For other service-related disputes, the breach of contract liability stipulated in the contract also affects the outcome of the claim. For example, in real estate cases, it is common for the court to order the party in breach to pay the breach of contract damages according to the contract provisions.

IV. Practical suggestions and legal basis

The first step is to verify the medical beauty qualifications of the institution and the operating personnel through the competent authorities; the second step is to require the institution to seal the medical records, surgical records, and consumables information, and retain the expense receipts and communication records; the third step is to promptly confirm the infection and apply for a medical damage appraisal; the fourth step is to claim compensation from the institution based on the fault, and report suspected illegal medical practice to the police in a timely manner. The main legal basis: Articles 1218, 1219, 1222, and 1223 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the "Administrative Measures for Medical Beauty Services" (based on the current effective version). The specific application shall be subject to the current effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

There are three key steps to protecting your rights in the medical beauty industry: checking the qualifications of the institution, sealing the medical records, and conducting an appraisal. If the institution lacks qualifications and refuses to provide you with the medical records, the burden of proof will shift to you. For cases involving medical cosmetology and personal injury, you can seek legal assistance through the following channels:Personal injury and medical disputesObtain a comprehensive solution for the service; cases involving illegal medical practice and criminal offenses can be combined together for processingCriminal defense and criminal case filingPlate; for those interested in corporate compliance, you can refer to the following resources for more information.Intellectual property protection and corporate lawFor matters related to the enforcement of compensation, please feel free to consult us.Creditor's rights and debts, and enforcementOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Is an infection after liposuction at a beauty salon considered a medical accident?

Liposuction is a type of medical cosmetology. If it is performed by unqualified institutions or personnel, it may constitute illegal medical practice. If harm is caused by operational errors, compensation can be claimed based on medical liability. Whether it constitutes a medical accident is not a prerequisite for seeking legal redress. The key issue is the relationship between fault and causality.

Q2: What evidence do I need to prepare for protecting my rights?

It is necessary to prepare the results of the qualification inquiry of institutions and personnel, medical records and surgical records, anesthesia and consumables information, informed consent forms, infection confirmation reports and expense invoices, as well as communication records. If the medical records are concealed or tampered with, it can be presumed that the institution is at fault.

Q3: Are the costs of such disputes high?

The litigation fees shall be paid in stages according to the amount of the subject matter; the medical damage appraisal fees shall be determined according to the standards of the appraisal institutions. The attorney's fees shall be agreed upon according to the complexity of the dispute and the workload. It is recommended to first assess the defects in qualifications and the causality, and then decide on the investment in appraisal and litigation.

Q4: How long does it usually take to handle medical beauty disputes?

The first-instance ordinary procedure generally lasts six months, and the simplified procedure lasts three months; cases involving appraisal will obviously take longer. Cases handled through mediation or complaints may be resolved faster, and early sealing of evidence can help to expedite the process.

Q5: What should I do if the institution doesn't provide medical records?

You can file a complaint with the competent departments such as the health and health authorities, and request them to order the provision or retrieval of the medical records. If the institution conceals, refuses to provide, or alters the medical records, it can be presumed that it is at fault according to Article 1222 of the Civil Code. It is recommended to apply for sealing the medical records and keep the written complaint certificates at the same time.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.