[Direct answer]In the Beijing area, whether it's possible to claim compensation for failed cosmetic surgery depends on whether the procedure belongs to medical cosmetology or lifestyle cosmetology, and whether the institution is at fault. According to Article 121 of the Civil Code, medical institutions shall bear compensation liability for damages caused to patients due to their negligence in medical treatment activities; medical cosmetology is a medical procedure. If the institution lacks the corresponding qualifications, operates improperly, uses unqualified products, or fails to fulfill its obligation to inform the patient, consumers can legally request compensation. For lifestyle cosmetology, consumers can only claim breach of contract or infringement based on a general service contract. It is recommended to immediately seal the medical records, fix the pre- and post-operative images and product certificates, and clarify the institution's fault. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

Cosmetic surgery failures are common, including necrosis, hardening, or embolism after injection fillers; poor outcomes or infections after surgeries such as double eyelid surgery and nose augmentation; skin irregularities or organ damage caused by liposuction; and the use of unapproved implants or drugs. Many consumers undergo "minimally invasive procedures" at beauty salons rather than medical institutions, only to later discover that the institutions lack medical qualifications. Some are also misled by claims of "guaranteed results" and fail to sign standard contracts. Such disputes involve both medical damages and consumer rights, and can be resolved through a combination of legal means.Special services and other case-related servicesEvaluate the path to protecting rights.

II. Key points of dispute

There are three main points of controversy. Firstly, the nature of the service: whether it belongs to medical cosmetology or lifestyle cosmetology, which determines whether the applicable liability is for medical damage or service contract liability, with different evidentiary requirements. Secondly, qualifications and products: whether the institution has a medical cosmetology practice license, and whether the drugs and medical devices comply with regulations, which are key factors in determining liability for unqualified harm. Thirdly, fault and causality: whether the surgery or injection violates regulations and whether there is a causal relationship with the damage, which often requires expert appraisal. In cases involving consumer fraud, reference can be made to relevant legal provisions.Creditor-debtor relations and enforcement case servicesThe idea of safeguarding rights in China.

III. Professional analysis by Henglue Law Firm

Based on the practice of Beijing area courts in handling medical beauty disputes, the most easily identified fault points are the institution's "lack of qualifications" and "non-compliance of products". When representing clients, Henglue Lawyers will first verify the institution's medical institution practice license and the qualifications of its operating personnel, and retrieve the approval documents and purchase invoices for drugs and medical devices; then compare the preoperative agreements with the postoperative damages, and commission a medical damage appraisal to clarify the degree of involvement. In practice, if an institution conducts medical beauty without qualifications, the court often directly determines its fault; if it evades responsibility by citing "individual differences", it needs to prove that it has fulfilled its obligation of standardization and disclosure. In cases involving product liability, it can be followed up accordingly.Real estate sales and construction project servicesThe infringement framework outside of this scope.

IV. Practical suggestions and legal basis

The legal basis is Article 121 of the Civil Code (effective from January 1, 2021) (liability for medical harm due to negligence), Article 122 (presumption of negligence), and Article 123 (informed consent), as well as the Regulations on the Prevention and Handling of Medical Disputes (effective from October 1, 2018) regarding appraisal and handling, and the Administrative Measures for Medical Cosmetology Services regarding the mandatory qualifications of institutions and personnel. Practical suggestions: immediately seal the medical records upon occurrence of harm; verify the qualifications of institutions and personnel; fix pre- and post-operative images and product certificates; apply for a medical harm appraisal; and file a lawsuit if no settlement is reached. For cases involving disability, relevant provisions can be referred to accordingly.Labor arbitration and work-related injury compensation servicesThe judgment of disability standards other than those mentioned above.

5. Henglu Law Firm's Reminder

If you encounter problems with medical beauty procedures, don't rush to accept the excuse of "individual differences" or settle the matter privately. The first step is to verify whether the institution has medical beauty qualifications and the staff's practicing licenses. The lack of qualifications itself constitutes a major fault; the second step is to seal the medical records, preserve the product packaging, and take pre- and post-operative photos; the third step is to apply for a medical damage appraisal to clarify the fault and the degree of involvement; the fourth step is to rationally calculate the compensation and sue if no agreement can be reached. Note that the statute of limitations is three years, starting from the date when you know or should have known about the damage and the obligated party. If you need professional support, you can seek assistance from a professional organization or lawyer.Business and contract dispute resolution services for enterprisesFor medical infringement teams outside the hospital, it is crucial to conduct thorough qualification verification and evidence collection.

VI. Frequently Asked Questions

Q1: If my cosmetic surgery fails, can I definitely succeed in claiming compensation?

No, it's not all compensated. If it's medical cosmetology and the institution lacks qualifications, operates improperly, or uses unqualified products to cause damage, it's easier to identify the fault and obtain compensation according to Article 121 of the Civil Code; if the patient has been fully informed and the operation complies with regulations, but only due to individual differences or expectations falling short, it may not constitute medical negligence. For lifestyle cosmetology, claim breach of contract or infringement according to the service contract, and need to prove that the institution failed to fulfill its contractual obligations. Whether compensation can be obtained depends on the qualifications, fault, and causality evidence. It is recommended to first verify the institution's qualifications and apply for an appraisal, and make a judgment based on professional opinions, rather than believing in the promise of guaranteed compensation.

Q2: For a medical beauty failure claim, what evidence do I need to prepare?

The core evidence includes: the practice license of the medical institution and the personnel qualification information (to prove whether they are compliant); medical records, surgical or treatment records (to be sealed in time); pre- and post-operative comparison photos and images; the outer packaging and batch numbers of drugs and medical devices (to prove the product's compliance); payment receipts and contracts; and communication records. The evidence is organized around "qualification violations - institutional faults - causality - damages". The more complete the materials are, the more they can support the claim for compensation; when the institution lacks qualifications, the evidence is particularly crucial. If the evidence is weak, it is advisable to consult a lawyer first to supplement the direction.

Q3: How much do lawyers' fees and litigation costs amount to when suing medical beauty institutions?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees", based on the amount of the litigation request (medical expenses, repair costs, disability compensation, etc.) and accumulated in stages. The losing party shall bear the fees or share them proportionally. Lawyer's fees are charged on a per-case basis or based on the amount of the case, subject to the terms of the engagement contract, with no uniform standard. Such cases often involve appraisal fees and repair costs. It is recommended to first calculate the total amount that can be claimed and compare it with the lawyer's fees and litigation fees to assess the cost-benefit ratio. For major damages, it is necessary to make every effort to proceed with the case and clarify the charging method and upper limit before entrusting the lawyer.

Q4: How long does it usually take to resolve compensation disputes arising from failed medical beauty procedures?

The duration of the litigation process is significantly affected by the appraisal. In the first-instance ordinary procedure, the case is generally concluded within six months, and in the simplified procedure, it is concluded within three months. However, medical damage and product appraisals often take several months, prolonging the overall process. Cases with clear facts and institutions without qualifications are resolved more quickly. If an appeal is filed, the second-instance procedure generally takes three months. If the defendant refuses to perform the judgment after it takes effect, it is necessary to apply for enforcement. Overall, it usually takes about a year from filing the lawsuit to collecting the money, with the main delays occurring in qualification verification and appraisal. It is recommended to complete the seal-up of medical records and the retrieval of qualifications before litigation to shorten the idle period of the trial process.

Q5: If the plastic surgery fails, what should I do first?

It is recommended to follow a four-step approach: First, immediately stop subsequent projects, seal and copy medical records to prevent the institution from altering or destroying them; Second, verify whether the institution has a medical cosmetology practice license and the qualifications of its operating personnel, and fix the packaging and batch numbers of drugs and medical devices; Third, take pre- and post-operative comparison photos, keep contracts and payment receipts, and apply for a medical damage appraisal to determine the fault; Fourth, first negotiate with the institution for repair and compensation. If no agreement is reached and the lawsuit statute of limitations is within three years, file a lawsuit. If necessary, hire a lawyer to assist in qualification verification and evidence collection. Throughout the process, keep communication records to avoid evidence loss that may affect the protection of rights.

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 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.