[Direct answer]In the Beijing area, cases are handled according to the compliance of the institutions involved: 1. **For formal medical beauty institutions (with medical practice licenses)**: If the treatment fails, the case follows the path of medical liability, with fault determination and claims for repair costs, medical expenses, loss of income, and compensation for mental distress. If the results fall short of the promised outcomes but there is no negligence, the refund and price difference will be handled according to the contract breach. 2. **For illegal medical beauty providers (unlicensed studios or beauty salons offering injections)**: These constitute illegal medical practices, with full refunds and compensation as a minimum. Those suspected of committing the crime of illegal medical practice will be reported to the police immediately, and administrative complaints will be filed concurrently. 3. **For live beauty institutions making false claims about medical effects**: A refund and three-fold compensation mechanism applies. The core evidence includes medical records, payment records, pre-operative consultation chat logs, and imaging data.
I. Problem Background and Typical Scenarios
Double eyelids done crookedly, deviated nasal implants, and displaced and hardened filler injections—the dilemma faced by beauty seekers: the institutions say "individual physique differences are a normal part of recovery" and refuse to refund even a penny; worse still, they went to unlicensed studios for cheap prices, and there's not even a medical record to prove what happened when things went wrong.
II. Key points of contention
First, the choice of path for medical damage and consumer breach of contract. Second, the key points of fault determination. Third, the accountability combination for unlicensed medical beauty services. Fourth, the rescue list of evidence.
III. Professional analysis by Henglue Lawyers
The first layer involves the pathway for path selection: - For surgical failures in formal institutions – medical liability (fault principle: misdiagnosis, improper operation, or postoperative treatment errors), with compensation based on liability proportion after medical liability appraisal; - For cases where the outcome differs greatly from expectations but the medical party is not at fault – claims based on breach of medical service contracts (failure to deliver promised outcomes), with options for refunds or continued repair negotiated; - For cases involving false advertising or exaggerated efficacy claims – combined with consumer protection pathways (triple compensation for false advertising); - For medical beauty procedures (e.g., hyaluronic acid injections or suture implantation) performed by unlicensed institutions – full refunds plus damages, with no application of the high-threshold appraisal logic for medical liability. The second layer outlines key points for fault appraisal: - The completeness of appraisal materials determines success – medical records (surgical records, pre- and post-operative photos, medication records), informed consent forms (adequacy of disclosure and risk information), and payment receipts; - Missing or altered medical records presume medical party fault (evidentiary burden favoring the plaintiff in medical disputes: presumption of fault for concealing or falsifying records); - Appraisal focus: compliance with surgical standards, timely and appropriate management of complications, and causality between damage and operation; - Preservation of repair opportunities: avoid rushed secondary surgeries in failure states, first securing evidence (current imaging + medical records) before evaluating repair options – post-repair appraisal becomes exponentially more difficult. The third layer outlines accountability for unlicensed medical practices: - Criminal prosecution – unlicensed personnel face illegal medical practice charges (with aggravated circumstances criminalized), and severe harm cases attract harsher penalties. Report cases with medical records and payment receipts; - Administrative action – report unlicensed operations and false advertising to health authorities and market regulators, with enforcement records serving as strong evidence in civil litigation; - Civil claims – full refunds, medical liability compensation, and emotional distress damages; separate claims for "loan sharking" schemes (beauty loans); - Enforcement challenges against black market clinics: seize operator personal assets during litigation, as many studios lack licenses or insurance, prioritizing personal asset recovery over institutional shell companies. The fourth layer provides evidence preservation checklists: - Pre-procedure: consultation chat records (effects promises, product brand/origin), contracts and informed consent forms, payment receipts (with personal transfer notes); - Intra- and post-procedure: medical invoices and drug packaging (product traceability), recovery period photos (daily shots with reference points); - Institutional information: business license and practice permit screenshots (verifiable via health commission websites); - Communication records: legally compliant audio recordings of refund negotiations; - Finally, pre-appraisal medical liability complaints procedures (mediation by medical arbitration committees) cost less than litigation, but settlement agreements must explicitly preserve all rights (refusing "one-time settlement" packages).
IV. Practical suggestions and legal basis
The first step is to verify the qualifications of medical institutions and doctors, and report and file a case directly against those without licenses. The second step is to collect complete medical records of the rescue process, payment and commitment evidence, and fix the current situation through imaging. The third step is to conduct appraisal and determination of responsibilities through formal institutions, and claim for repair, compensation, and refunds. The fourth step is to fix evidence before the repair surgery and not sign the waiver of rights clause in the mediation process. The main legal basis includes Articles 121-122 of the Civil Code of the People's Republic of China, the "Administrative Measures for Medical Cosmetology Services", Article 55 of the "Consumer Rights and Interests Protection Law", and Article 336 of the Criminal Law; the specific application shall be subject to the currently effective regulations.
5. Henglu Law Firm's Reminder
Three key points for protecting your rights in the medical beauty industry: First, check the qualifications of the institution before discussing responsibilities. For unlicensed institutions, request a refund and compensation, and report the case to the authorities. Second, medical records are the basis for appraisal. Before undergoing repair surgery, fix the current situation first. Third, for false advertising, you can request a refund and triple compensation. Don't sign clauses in mediation agreements that waive all rights. Those involved in medical beauty disputes can seek help through the following channels:Personal injury and medical disputesYou can combine the overall solution for the service, which involves contract refunds, if necessary.Business and contract disputes in enterprisesFor cases involving criminal reporting, you can refer to the relevant sections.Criminal defense and criminal case filingFor any questions regarding difficult situations, you can consult the column for assistance.Special services and other casesColumn.
VI. Frequently Asked Questions
Q1: Can I get a refund if I'm not satisfied with the results?
Looking at the agreement and fault: If the contract clearly promises that the effect will not be achieved, the patient can claim a refund for breach of contract; it's difficult to get a refund if there's a pure aesthetic gap and the doctor is not at fault, and the preoperative commitment record is the key.
Q2: Who will bear the repair costs?
If the medical party is at fault, it shall bear the repair costs in accordance with the proportion of its liability; if the medical party repairs the damage on its own before the appraisal, the evidence chain for claiming the repair costs will be broken, and the repair shall be carried out after the appraisal.
Q3: What should I do if I've been injected with fake hyaluronic acid?
Immediately seek medical treatment to remove the foreign object and keep the removal materials and examination records. Report the case to the health authority, and in civil litigation, request a full refund and compensation. If the circumstances are serious, report the case to the criminal justice system.
Q4: Do I still need to continue repaying the beauty loan?
For cases where institutions fraudulently induce loans, borrowers may claim to rescind the loan contract or offset the damages with compensation; they should negotiate with lending institutions and retain evidence of the fraud, rather than simply defaulting on payments to damage their credit records.
Q5: Is the mediation provided by the Medical Dispute Mediation Committee reliable?
It's free and official, but pay attention to the terms. If the settlement amount is too low or contains clauses such as "once-and-for-all settlement" that waive all rights, it's necessary to sign with caution. For major damages, it's better to proceed directly with appraisal and litigation.
The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →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.