[Direct answer]In the Beijing area, whether a claim can be made depends on whether the cause of the "unsatisfactory results" can be attributed to the medical beauty institution. There are typically three avenues for pursuing claims: 1. **Liability for Medical Damage**: According to Article 121-8 of the Civil Code of the People's Republic of China (adopted in 2020 and implemented on January 1, 2021), if a patient suffers harm during medical treatment and the medical institution or its staff are at fault, the institution must bear compensation liability. Additionally, Article 121-9 stipulates that medical staff must explain the patient's condition and treatment measures during the process, and if failure to fulfill this obligation results in harm to the patient, the institution must bear compensation liability. 2. **Consumer Fraud**: If the medical beauty institution engages in false advertising, substituting inferior products for genuine ones, or using unqualified products, claimants can seek increased compensation under Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (adopted in 1993 and amended in 2013). 3. **Breach of Contract**: If the service content and results do not match the agreed upon terms, claimants can demand a refund and compensation for losses. It should be noted that aesthetic outcomes are inherently subjective. If the risks and potential outcomes were fully disclosed before the procedure, claiming solely on the basis of "dissatisfaction" would be difficult. However, if there were negligence, concealment, or exaggerated claims, the likelihood of successful claims would significantly increase.
I. Problem Background and Typical Scenarios
In recent years, the number of medical cosmetic disputes has increased significantly. Typical cases include: post-surgery complications such as infections, scar hyperplasia, and facial asymmetry; adverse outcomes such as nodules and embolisms after injection fillers; products used not matching those advertised, or even the use of unapproved products; surgeries performed by institutions or personnel lacking the necessary qualifications; and failure to fully inform patients of the risks before surgery, with only verbal promises of "guaranteed improvement". Victims often face three confusions: whether this constitutes a medical dispute or a consumer dispute; whether they should file a complaint with health authorities or directly sue; and how to calculate the compensation amount. Clarifying the liability path and evidentiary requirements is the first step in protecting their rights.
II. Key points of dispute
First, regarding the nature of liability, the evidentiary requirements and compensation scope for medical damage liability and consumer fraud liability are different. Second, the determination of fault, including whether the surgical procedures comply with standards, whether the surgeon is qualified, and whether the products are qualified. Third, the fulfillment of the obligation to inform, including whether the patient was informed of the risks in writing before the surgery and whether the informed consent form was retained. Fourth, the proof of causality, which requires demonstrating the connection between the damage consequences and the medical treatment actions. Fifth, the composition of losses, including medical expenses, follow-up repair costs, loss of income, and compensation for mental damage.
III. Professional analysis by Henglue Lawyers
The key to resolving medical aesthetic disputes lies in "having evidence in hand and making an accurate determination of the nature of the case". In practice, we usually advise clients to fix three types of materials as soon as possible: first, pre- and post-operative materials, including pre-operative photos, immediate post-operative photos, and review records, which are used to objectively present the difference in results; second, medical documents, including medical records, surgical records, informed consent forms, and product information, which are used to determine whether there are unstandardized operations or insufficient disclosure; third, consumption receipts, including contracts, receipts, promotional materials, and communication records, which are used to support claims of consumer fraud. At the same time, if medical harm is involved, a medical harm appraisal may be necessary to determine the fault and causality; if fraud is involved, it is necessary to prove that the operator has made false or misleading claims. Both approaches have their advantages and disadvantages, and the choice of which approach to take should be based on the specific evidence situation.Personal injury and medical disputesThis is the main focus of our efforts in handling such cases. For cases involving contract disputes and consumer protection, we can combine the two aspects together for considerationBusiness and contract disputes in enterprisesAndSpecialised legal servicesI will judge based on my past experience as well as the current situation.
IV. Practical suggestions and legal basis
According to Articles 121 and 122 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding medical damage liability and the obligation to provide explanations, Article 1222 regarding the presumption of medical institutions' fault, Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended in 2013) regarding increased compensation for fraud, the Regulations on the Prevention and Handling of Medical Disputes (effective in 2018) regarding dispute resolution channels, and the Regulations on the Management of Medical Institutions and the Measures for the Management of Medical Cosmetology Services regarding the qualifications of institutions and personnel, it is recommended to follow the four-step process: First, immediately fix evidence such as pre- and post-operative photos, medical records, and contract documents; Second, file a complaint with the health department and request to retrieve medical records, and apply for a medical damage appraisal if necessary; Third, choose a path based on the evidence. If there is fault, claim medical damage compensation; if there is false advertising, claim compensation for consumer fraud; Fourth, if no agreement is reached, promptly file a lawsuit and claim medical expenses, follow-up treatment costs, loss of income, and compensation for mental distress. For disputes involving medical damage, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputes; Those involving contracts and consumer rights can be combined togetherBusiness and contract disputes in enterprises.
5. Henglu Law Firm's Advice
When seeking legal protection for medical beauty services, evidence is more important than emotions. Three reminders: First, pre- and post-operative photos and medical records are the most crucial evidence. If you find abnormal results, you should fix them as soon as possible. Second, don't ignore contracts and promotional materials. False advertising is often a breakthrough point for consumer fraud claims. Third, don't rush to "repair". Having another surgery before the evidence is fixed and the appraisal is completed may affect the determination of the causality.Beijing Henglu Law FirmIt is recommended that the party concerned first seal the medical records and consumption receipts after encountering problems, and then communicate with a lawyer to determine the path of protecting their rights.
VI. Frequently Asked Questions
Q1: If the medical beauty results are not satisfactory, can I claim compensation?
It depends on whether the cause can be attributed to the institution. If there is a fault or a failure to fulfill the obligation to inform, compensation for medical damages can be claimed; if there is false advertising or the use of unqualified products, compensation for consumer fraud can be claimed; if the patient has been fully informed before the surgery and the difference in appearance is merely due to aesthetic preferences, it will be more difficult to claim compensation.
Q2: What evidence do I need to prepare?
Pre- and post-operative photos, medical records and surgical records, informed consent forms, product and device information, service contracts and receipts, promotional pages and communication records, as well as cost vouchers for follow-up repair treatment and proof of loss of income.
Q3: How much does it cost to protect one's rights?
The litigation fees shall be paid according to the standard amount of the claim; if a medical damage appraisal is needed, the appraisal fees shall be paid according to the standard of the appraisal institution. If a lawyer is engaged, the fees shall be calculated according to the proportion of the claim amount or charged on a per-stage basis, subject to the provisions of the written entrustment contract.
Q4: How long does it take from defending one's rights to receiving compensation?
Cases resolved through negotiation can be settled more quickly. For cases subject to summary procedures, the trial is generally completed within three months, and for ordinary procedures, it is generally completed within six months. However, if a medical damage appraisal is required, the appraisal period will be extended accordingly.
Q5: What should I do first?
First, fix the pre- and post-operative photos, medical records, and consumption receipts, then file a complaint with the health department and apply for retrieving the complete medical records. Next, evaluate with a lawyer whether to pursue a medical malpractice claim or a consumer fraud claim, and apply for an appraisal if necessary.
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 the regional differences.
VII. Related public cases (for reference, not handled by our firm)
The following cases are all sourced from the official websites of courts at all levels, judicial organs, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.
[Case No.]The case number has not been made public.
[Trial Court]The First People's Court of Dongguan City, Guangdong Province (case review within the jurisdiction of the Intermediate People's Court of Dongguan City)
[Judicial Summary]The consumer underwent nose and forehead micro-plastic surgery at a medical beauty institution and paid a service fee of 96,800 yuan. However, she experienced severe discomfort after the surgery. Investigations revealed that the surgeon had not obtained the qualification of a medical beauty chief physician, and the injectable products could not be verified as having a legal source and meeting quality standards. The court held that the institution deliberately concealed the qualification and product issues despite knowing about them, and the services provided did not conform to the agreed terms, constituting consumer fraud. In accordance with Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China, the court ordered the institution to refund the service fee of 96,800 yuan and pay three times the compensation of 290,400 yuan.
[Source]Shandong Court Network (From "Beauty" to "Disfigurement": Who Should Bear the Cost of Medical Cosmetology? A Case Analysis by Dongguan Intermediate Court) (2026)
[Case No.]The case number has not been made public.
[Trial Court]People's Court of Yanta District, Xi'an City, Shaanxi Province
[Judicial Summary]The consumer underwent surgery at a beauty company due to dissatisfaction with the appearance of their nose and facial tissue accumulation, paying 44,800 yuan. However, the nasal bone protrusion after the surgery could not be restored. After appraisal, it was determined that the damage was causally related to the beauty procedure, and the institution was found to have major faults including insufficient preoperative disclosure, unsatisfactory postoperative rhinoplasty results, and non-standard surgical procedures. Based on the relevant provisions of the Civil Code of the People's Republic of China, the court ruled that the beauty company should bear 70% of the compensation liability, with total compensation for all losses amounting to 37,794.4 yuan.
[Source]The official website of the People's Court of Yanta District, Xi'an City (From "Minor Plastic Surgery" to "Dangerous Plastic Surgery") (2023-11)
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue 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 a dispute arises, please consult a practicing lawyer in time.