[Direct answer]In the Beijing area, photorejuvenation is a medical cosmetic procedure. If burns occur due to improper operation, it may constitute medical liability for damages. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a patient suffers harm during medical treatment and the medical institution or its medical staff are at fault, the medical institution shall bear the liability for compensation. The key distinction between medical cosmetology and lifestyle cosmetology lies in whether it is traumatic or invasive, whether medical devices are used, and whether it is performed by medical personnel. If the institution or the operating personnel lack the corresponding qualifications, fail to operate in accordance with regulations, or fail to fully inform the patient of the risks, resulting in burns and other harm, the victim can claim compensation. Conversely, if the harm is an unavoidable individual difference response and the institution has fulfilled its corresponding obligations, it may not constitute medical liability for damages. Whether it constitutes medical liability for damages needs to be determined based on a comprehensive assessment of the qualifications, operations, and harm outcomes.

I. Problem background and typical scenarios

In recent years, there has been a significant increase in medical beauty-related consumer disputes. Typical cases include: beauty institutions conducting projects such as photofacial without having the qualifications of medical institutions; operators lacking medical qualifications; improper setting of energy parameters leading to burns, pigmentation, or scars; failure to fully inform consumers of the risks and care requirements before the procedure; and the use of instruments and consumables with unclear or substandard sources. Consumers and institutions often have significant disagreements over whether the procedures constitute medical practices and the extent of liability. When handling such disputes in the Beijing area, lawyers typically first verify the institution's qualifications and operating records.Personal injury and medical disputesIn business, the determination of the nature of medical cosmetology and the provision of evidence are the core issues.

II. Key points of dispute

Focus 1: Does photofacial belong to medical cosmetology or lifestyle cosmetology? Focus 2: Do the institutions and operators possess the necessary qualifications? Focus 3: Did the operation process violate clinical treatment standards? Focus 4: What is the causal relationship between the damage consequences and the operation? Focus 5: Were the pre-operative explanations and informed consent procedures adequate? Focus 6: Are the equipment and consumables qualified, and can product liability be applied? Focus 7: How can compensation scope and damages for mental distress be claimed?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that the key to resolving medical cosmetic disputes lies in qualifications and operating standards. Firstly, it is necessary to confirm the legal nature of the project: Photorejuvenation typically uses intense pulsed light equipment, which is invasive and generally classified as medical cosmetology, requiring it to be carried out by qualified medical institutions and licensed doctors. If it is performed by non-medical institutions or non-doctors, it may constitute direct negligence. Secondly, it is important to obtain the consumer contract, payment receipts, preoperative informed consent, and postoperative care records to verify whether the risks and possible complications have been fully disclosed. Thirdly, it is necessary to review the operating process, including energy parameters, treatment intervals, skin assessments, and preoperative tests, to determine whether it complies with standards. If necessary, a forensic evaluation can be used to determine negligence and causality. Fourthly, if damage is caused by the use of unqualified equipment or consumables, patients can request compensation from the manufacturer or seller in accordance with the provisions of the Civil Code of the People's Republic of China on product liability, and the medical institution should also bear responsibility if at fault. Fifthly, the scope of compensation generally includes follow-up treatment fees, loss of income, and nursing care fees. For cases resulting in scars or disabilities, corresponding compensation and compensation for mental distress should also be included. Overall, the earlier the qualifications and operating evidence are fixed, the more favorable it will be for protecting rights and interests. 恒略律师提示，医疗美容纠纷的突破口在于资质与操作规范。第一，应先确认项目的法律性质：光子嫩肤通常使用强脉冲光设备，具有创伤性，通常属于医疗美容，须由具备资质的医疗机构与执业医师实施。若由生活美容机构或非医师操作，可能直接构成过错。第二，应调取消费合同、付款凭证、术前告知与术后护理记录，核查是否充分告知风险与可能的并发症。第三，要审查操作过程，包括能量参数、治疗间隔、皮肤评估与术前测试，判断是否符合规范，必要时通过鉴定确定过错与因果关系。第四，若使用不合格仪器或耗材导致损害，患者可依《中华人民共和国民法典》关于产品责任的规定，向生产者或销售者请求赔偿，医疗机构有过错的亦应担责。第五，赔偿范围一般包括后续治疗费、误工费、护理费，造成瘢痕或伤残的还包括相应赔偿与精神损害抚慰金。整体上，越早固定资质与操作证据，维权越有利。

IV. Practical suggestions and legal basis

Action recommendations: First, immediately save the consumption contract, payment records, and chat records; Second, seek medical treatment promptly and keep the proof of diagnosis and treatment costs; Third, verify the qualification information of the institution and the operators; Fourth, apply for medical damage or disability appraisal when necessary; Fifth, evaluate the possibility of claiming liability from the institution, operators, and product providers. Legal basis: Articles 1218, 1219, and 1224 of the Civil Code of the People's Republic of China (effective from January 1, 2021); and the provisions on the qualifications of medical beauty institutions and personnel in the "Administrative Measures for Medical Beauty Services". For medical beauty disputes, please refer to the relevant provisions.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, photofacial treatment is generally considered a medical cosmetic procedure and requires professional qualifications. Secondly, unqualified or non-medical personnel conducting the procedure may be held directly accountable for any negligence. Thirdly, pre-operative informed consent and testing are key review points. Fourthly, unqualified consumables may trigger product liability claims. Fifthly, seeking medical treatment and collecting evidence promptly are prerequisites for protecting one's rights. Those involved in medical cosmetic disputes may seek legal assistance through the following channels:Personal injury and medical disputesConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: Is photorejuvenation considered a form of medical cosmetology?

It usually belongs to. Photorejuvenation uses intense pulsed light equipment, which is somewhat traumatic. It is generally considered a form of medical cosmetology and should be performed by qualified medical institutions and licensed physicians. If it is carried out by beauty salons, there may be issues with their qualifications, and consumers can hold them accountable accordingly.

Q2: Is it legal for beauty salons to offer photofacial treatments?

Generally, it is necessary to obtain a practicing license from a medical institution and have the procedure performed by a licensed physician. If the institution only has qualifications for lifestyle beauty services, it is usually not allowed to offer invasive medical cosmetic procedures. Consumers can verify the institution's qualifications and the practitioners' qualifications. If there are any violations, they can use this as evidence to claim damages.

Q3: How can one prove that the burn was caused by improper operation?

Evidence can be gathered through consumption and treatment records, preoperative notification materials, information about instruments and equipment, and subsequent medical diagnosis certificates. If there are significant disagreements, a medical damage appraisal can be requested to determine whether the operation violated regulations, the causal relationship between the damage and the operation, and the degree of involvement in the operation.

Q4: Can I demand a refund and triple compensation if my medical beauty treatment fails?

It is necessary to distinguish the circumstances. If the institution engages in fraud, consumers can claim punitive damages in accordance with the relevant provisions on consumer rights protection; if it constitutes medical harm, they can claim compensation based on tort liability, including subsequent treatment costs and compensation for mental harm. The specific application depends on the facts and the nature of the institution.

Q5: What documents do I need to sign before undergoing medical cosmetic procedures?

A medical cosmetology informed consent form should be signed, which clearly states the project content, risks and complications, post-operative precautions, and contraindications. Consumers should request a consumption contract and payment receipts, and verify the qualifications of the institution and the doctor. If any abnormalities occur, they should seek medical treatment immediately and keep the evidence. For more information, please refer to the following link:Personal injury and medical disputes.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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 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.