[Direct answer]In the Beijing area, claim compensation for medical damages while investigating other liability paths. Firstly, immediately fix the evidence: seal and copy the medical records and informed consent forms, retain payment and product information, on-site records, and communication content, and complete specialized diagnosis and treatment as soon as possible to fix the damage consequences. Secondly, apply for a medical damage appraisal to determine whether the medical institution's treatment actions were at fault and the causal relationship between the fault and the damage. Thirdly, based on the appraisal conclusion, claim medical expenses, nursing fees, loss of income, disability compensation, and compensation for mental distress. If counterfeit, substandard, or unqualified products were used, claims can be made against the producers and sellers based on product liability; if the practitioners do not have physician qualifications, they may be suspected of illegal medical practice, and should be reported to the relevant departments in accordance with the law.

I. Problem Background and Typical Scenarios

Injection of hyaluronic acid can lead to vascular embolism, vision impairment, and even blindness, which is one of the most serious complications in medical cosmetology. The victims often panic after the incident: they either confront the institutions or rush to negotiate compensation, ignoring the critical window for preserving medical records and fixing damages. Once the evidence is lost, it will be much more difficult to protect their rights.

II. Key points of dispute

First, the nature of liability: how to distinguish between medical harm and product liability, and illegal medical practice; Second, the rules of preserving medical records and providing evidence, and what to do if the institution refuses to provide them; Third, the appraisal of fault and causality; Fourth, the scope and calculation of compensation items; Fifth, the investigation of administrative and criminal responsibilities.

III. Professional analysis by Henglue Lawyers

The first layer, the first step is always to fix the evidence. After the damage occurs, we should promptly request to seal the medical records, injection records, and informed consent forms, and apply to the health administrative department for sealing when necessary; keep payment receipts, product packaging and outer packaging information, pre- and post-operative imaging, and communication records. Medical records are the basis for judging whether the diagnosis and treatment are standard. Once they are tampered with or lost, it will be very difficult to protect one's rights.

The second layer is to clarify the path of responsibility. Medical cosmetology belongs to medical activities. If damage is caused by medical malpractice, the rules of medical damage liability shall apply; if the medical institution conceals, refuses to provide or falsifies medical records, etc., it may be presumed to have committed fault. If the products used are counterfeit drugs, substandard drugs or do not meet standards, compensation may be claimed from the producers and sellers according to product liability; if the practitioner does not have a professional qualification, he/she may be suspected of practicing medicine illegally, and the health department or public security organ shall be informed to investigate and pursue administrative or criminal responsibility according to law.

The third layer, appraisal is the core link. It usually involves appraising whether there is any fault in the medical treatment, whether there is a causal relationship between the fault and the damage consequences, and the degree of causality. The appraisal materials should be organized around the medical records, operation records, and the process of dealing with complications; the damage consequences need to be fixed by ophthalmology specialized diagnosis and imaging data, and if necessary, a disability rating appraisal should be conducted.

On the fourth level, the compensation items should be claimed item by item. The items that can be claimed generally include medical expenses, nursing fees, loss of income, transportation expenses, hospitalization and meal subsidies, nutrition fees, disability compensation, the living expenses of dependents, and compensation for mental distress; the specific amounts are calculated based on the appraisal conclusions and actual expenses. When handling personal injury cases, Henglue Lawyers usually first fix the damage consequences and expense vouchers, and then verify the compensation list based on the appraisal conclusions to avoid under-compensation due to omitted items or insufficient evidence.

IV. Practical suggestions and legal basis

First, immediately seal the medical records and retain all supporting documents and product information. Second, complete specialized diagnosis and treatment as soon as possible to document the visual impairment and subsequent treatment needs. Third, apply for a medical malpractice appraisal to clarify the fault and causality. Fourth, verify the qualifications of the practitioners and institutions involved, and promptly report any suspected illegal medical practices. Fifth, compile a compensation list item by item and assert rights in a timely manner. Main legal basis: Articles 1218, 1222, and 1223 of the Civil Code of the People's Republic of China, as well as relevant provisions of the Medical Practitioners Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points regarding compensation claims for blindness caused by hyaluronic acid: first, the medical records must be sealed before discussing compensation, and it's difficult to supplement lost evidence; second, the medical damage appraisal is crucial, and the appraisal of fault and causality must be clear; third, counterfeit and substandard drugs, as well as illegal medical practices, fall under product liability and criminal prosecution. For cases involving personal injury and medical disputes, legal assistance can be sought through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution, and those involving criminal responsibility can be integrated into it.Criminal defense and criminal case filingFor reference, you can check the sections related to product liability and corporate complianceBusiness and contract disputes in enterprisesFor this column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What kind of liability does the use of hyaluronic acid entail in cases of blindness?

It is usually handled in accordance with the liability for medical damage. Medical cosmetology belongs to medical practices, and the rules of liability for medical damage apply to cases of damage caused by medical errors; if the institution conceals, falsifies, or refuses to provide medical records, it may be presumed to be at fault. If it involves counterfeit or substandard drugs or illegal medical practices, additional responsibilities may be imposed.

Q2: What evidence is needed for a claim?

It includes sealed medical records and injection records, informed consent forms, payment and product information, pre- and post-operative images, specialist diagnoses and hospitalization materials, disability appraisal opinions, proof of loss of income and nursing expenses, as well as communication and complaint records. Having all the evidence in place will facilitate the appraisal and calculation of compensation.

Q3: How much do lawyers charge for cases like this?

The fees are subject to market regulation and are usually negotiated based on the case subject and workload. For cases involving medical damage appraisal, the fees are calculated separately according to the actual expenses. The fees for cases with serious damage consequences and high compensation amounts will increase accordingly. It is recommended to clarify the scope of services and the charging method before signing the contract.

Q4: How long does it take to protect one's rights?

The appraisal of medical damages usually takes several months. After the appraisal is completed, the first-instance trial generally follows a simplified procedure, which typically lasts three months, and an ordinary procedure, which typically lasts six months. The second-instance trial generally lasts three months. The cycle for appraisals involving disability or multiple appraisals is even longer. It is recommended to initiate the process as soon as possible and secure evidence of the damages.

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

You can file a complaint with the health administrative department and request that it order the provision of the medical records, or request the court to retrieve them through litigation. If a medical institution conceals, refuses to provide, or falsifies or alters the medical records, it may be presumed to be at fault according to law. Applying for the sealing of the medical records in a timely manner is the most effective preventive measure.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.