[Direct answer]In the Beijing area, whether a refund can be granted depends on whether it constitutes a breach of contract or medical harm. Medical beauty services possess both medical and consumer attributes, and a medical service contract relationship is established between the two parties. According to the Civil Code of the People's Republic of China (effective January 1, 2021), if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear such breach of contract liabilities as continuing performance, taking remedial measures, or compensating for losses; if personal harm is caused, it shall also compensate for losses such as medical expenses, nursing care fees, and loss of income. If the institution fails to perform the surgery as agreed, uses unqualified products, or is at fault, resulting in a seriously unsatisfactory outcome or causing harm, consumers can claim a refund, repair costs, and corresponding compensation; if they are merely dissatisfied with the surgical outcome subjectively, but the institution has fulfilled its reasonable medical obligations, there is usually no basis for a refund. Therefore, the key to protecting rights lies in fixing medical records, payment receipts, and preoperative communication records, and, if necessary, applying for a medical harm appraisal.

I. Problem Background and Typical Scenarios

In recent years, medical aesthetic disputes have become increasingly frequent. There are three typical scenarios: first, institutions exaggerate their promotions and promise results that are far from what was agreed upon after the surgery; second, using unapproved products or having the procedure performed by unqualified personnel results in harm; third, post-operative consequences such as infections, scars, and functional disorders occur. In different situations, the basis for refunds and compensation varies.

II. Key points of contention

First, whether medical beauty services belong to medical services or consumer services, and whether the rules of consumer rights protection apply to them. Second, whether the institution has breached a contract or committed a fault, and the causal relationship between the fault and the damage. Third, the boundary between subjective dissatisfaction with the surgical effect and objective damage. Fourth, the scope of refunds, repair costs, and compensation for mental damage. Fifth, the burden of proof and the initiation of appraisal procedures. These issues determine whether a refund can be granted and the proportion of the refund.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have summarized three key points in medical disputes. First, the legal nature of the relationship: medical beauty services typically have both medical and consumer attributes. Patients can claim breach of contract liability based on the contract, or seek compensation for medical damages based on infringement; if the institution engages in false advertising or fraud, they can also claim corresponding compensation based on the Consumer Rights and Interests Protection Law of the People's Republic of China (implemented on March 15, 2014). Second, fault and causality: it is necessary to determine whether the institution fulfilled its medical obligations corresponding to the prevailing medical standards at the time, whether it violated the contract, and whether there is a causal relationship between the fault and the damage. This often requires the support of medical damage appraisal, and patients should apply for it as soon as possible. Third, evidence preservation: medical records, surgical records, payment receipts, pre- and post-operative photos, and communication records should be promptly sealed and copied. If necessary, the products used should be sealed and sent for inspection to prevent evidence loss. Fourth, compensation scope: if damage occurs, compensation can be claimed for medical expenses, follow-up treatment costs, loss of income, nursing care, nutrition, and transportation. If disability occurs, compensation for disability can be claimed. If serious mental damage occurs, compensation for mental distress can be claimed. If it constitutes a breach of contract, refund of fees and compensation for losses can be claimed. Fifth, procedural selection: negotiations with the institution can be attempted first. If no agreement is reached, complaints can be filed with health and health, market supervision departments, or directly with the court. It should be noted that the general statute of limitations is three years. Sixth, risk warning: refund claims are usually difficult to support if patients are merely dissatisfied with the subjective results and the institution has fulfilled its reasonable obligations. Exaggerating expectations while ignoring individual differences can easily lead to failed protection. In summary, whether a refund can be obtained depends on the degree of proof of breach of contract, fault, and damage. 恒略律师在医疗纠纷中总结了三点经验。其一，法律关系定性：医美服务通常同时具有医疗与消费属性，患者可依据合同主张违约责任，也可依据侵权主张医疗损害赔偿；若机构存在虚假宣传、欺诈，还可依据《中华人民共和国消费者权益保护法》（2014年3月15日施行）主张相应赔偿。其二，过错与因果关系：需判断机构是否尽到与当时医疗水平相应的诊疗义务、是否违反约定，以及过错与损害之间是否存在因果关系，这往往需要医疗损害鉴定支持，患方应尽早申请。其三，证据固定：应及时封存并复制病历、手术记录、缴费票据、术前术后照片与沟通记录，必要时对使用产品封存送检，防止证据灭失。其四，赔偿范围：构成损害的，可主张医疗费、后续治疗费、误工费、护理费、营养费、交通费，构成伤残的还可主张残疾赔偿金，造成严重精神损害的可主张精神损害抚慰金；构成违约的可主张退还费用并赔偿损失。其五，程序选择：可先与机构协商，协商不成可向卫生健康、市场监管部门投诉，或直接向法院起诉，注意诉讼时效一般为三年。其六，风险提示：仅对效果主观不满、机构已尽合理义务的，退款主张通常难以获得支持，夸大预期而忽视个体差异容易导致维权落空。综合来看，能否退款取决于违约、过错与损害的证明程度。

IV. Practical suggestions and legal basis

Action recommendations: First, promptly seal the medical records and products, and fix the evidence of preoperative communication and payment; Second, verify the qualifications of the institution and the practitioners' professional qualifications; Third, apply for a medical injury appraisal when necessary; Fourth, distinguish between breach of contract and infringement, and claim refunds and compensation accordingly. For the overall medical disputes, you can refer to the relevant guidelines and regulations.Personal injury and medical disputes; For issues involving contract breaches and clauses, you can refer to the relevant provisions.Business and contract disputes in enterprises; For matters related to the enforcement of judgments, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Article 577 and Article 1228 of the Civil Code of the People's Republic of China (effective from January 1, 2021), and Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (effective from March 15, 2014). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, medical aesthetic disputes can be resolved based on contractual claims or tort claims, with different approaches requiring different evidentiary focuses. Secondly, fault and causality often require expert appraisal to support the claim, so it is advisable to apply for such appraisal as early as possible. Thirdly, evidence preservation is crucial, especially for medical records and the products used. Fourthly, not all dissatisfaction entitles one to a refund; there must be grounds for breach of contract or damage. For comprehensive solutions to medical aesthetic rights protection, please consult us through the following channels:Personal injury and medical disputesThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: Can I definitely get a refund if the medical beauty surgery fails?

Not necessarily. It depends on whether the institution breached the contract or committed a fault that caused damage. If you're just dissatisfied with the results and the institution has fulfilled its reasonable obligations, it's usually difficult to support a claim for a refund.

Q2: Can I request a refund if there's no obvious damage caused?

If it can be proven that the institution violated the agreement or engaged in fraud, one can claim a refund of the fees and compensation; however, if there is no breach of contract or negligence, the matter can generally only be resolved through negotiation.

Q3: How to prove that it's the institution's responsibility?

Timely seal the medical records and products, keep the payment receipts, preoperative and postoperative photos, and communication records, and apply for a medical damage appraisal to determine the fault and causality when necessary.

Q4: What kind of compensation can be claimed in medical beauty disputes?

You can claim medical expenses, follow-up treatment costs, loss of income, nursing care costs, nutrition costs, and transportation costs. If the injury results in a disability, you can claim disability compensation. If there is serious mental harm, you can claim compensation for emotional distress.

Q5: What are the ways to protect one's rights?

You can first negotiate with the seller, then file a complaint with the health and health authorities and market supervision departments, or directly file a lawsuit. If there is fraud involved, you can claim corresponding compensation in accordance with the Consumer Rights and Interests Protection Law.

The above Q&A is mainly based on the judicial practice in the Beijing area. 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. In case of disputes, please consult a practicing lawyer in time.