[Direct answer]In the Beijing area, cases are handled according to the compliance of institutions: 1. For formal medical beauty institutions (with medical practice licenses) with failed results—follow the path of medical liability, determine fault through expert appraisal, and claim compensation for repair costs, medical expenses, loss of income, and emotional distress. If the results fall short of promises but there's no negligence, handle refunds and compensation for price differences according to contract breach. 2. For illegal medical beauty operations (unlicensed studios or beauty salons providing injections)—handle as illegal medical practice, with full refunds and compensation as a minimum. Report suspected criminal offenses of illegal medical practice immediately and file administrative complaints simultaneously. 3. For life beauty institutions making false claims about medical effects—apply the "refund one, compensate three" consumer protection mechanism. The core evidence includes medical records, payment records, and pre-operative chat logs and images.

I. Problem Background and Typical Scenarios

The dilemma faced by beauty seekers: double eyelids that are crooked, deviated nasal implants, and displaced and hardened injected fillers. The institutions say "individual physique differences are normal recovery," and it's hard to get even a penny in compensation. What's worse, they went to unlicensed studios for cheap prices, and there's not even a "medical record" when something goes wrong.

II. Key points of contention

First, the choice of path for medical damages and consumer breach of contract. Second, the key points of fault determination. Third, the accountability combination for unlicensed medical beauty. Fourth, the rescue list of evidence.

III. Professional analysis by Henglue Lawyers

The first layer is the triage of path selection: - For surgical failures in formal institutions – medical liability (fault principle: misdiagnosis, improper operation, and post-operative treatment errors), with compensation based on liability proportion after medical liability appraisal; - For cases where the outcome differs greatly from expectations but the medical side is not at fault – claims for breach of medical service contracts (failure to deliver promised outcomes), with options for refunds or continued repair negotiated; - For cases involving false advertising and exaggerated therapeutic effects – combined with consumer protection pathways (threefold compensation for false advertising); - For aesthetic medical procedures (e.g., hyaluronic acid injections, suture implantation) performed by unlicensed institutions – full refunds and damages compensation, with no application of the high-threshold appraisal logic of medical liability. The second layer highlights key points of fault appraisal: - The completeness of appraisal materials determines success – medical records (surgical notes, 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 negligence (evidentiary burden tilt in medical disputes: presumption of fault for concealing, refusing to provide, 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 immediate secondary surgery in failure cases, first securing evidence (current status photos + medical records) before evaluating repair options – post-repair appraisal becomes significantly more challenging. The third layer outlines accountability for unlicensed medical practices: - Criminal path – prosecution for illegal medical cosmetics (prison terms for severe cases), with aggravated punishment for serious harm, and police reports accompanied by medical records and transfer receipts; - Administrative path – reporting unlicensed practices and false advertising to health authorities and market regulators, with enforcement records serving as strong evidence in civil litigation; - Civil path – full refunds, medical liability compensation, and emotional distress damages; separate claims for dismantling predatory financing schemes (beauty loans); - Enforcement strategies for black market clinics: preserving operator assets during litigation, as many studios lack licenses and insurance, with personal assets prioritized over institutional shell companies. The fourth layer provides evidence rescue checklists: - Pre-procedure – consultation chat records (effects promises, product brand/origin), contracts and informed consent forms, payment receipts (personal transfer notes); - Intra- and post-procedure – medical bills and drug packaging (product traceability), recovery period photos (daily reference shots), and complication treatment records; - Institutional information – business license and practice qualification screenshots (verifiable on health authority websites, instant disqualification of unlicensed entities); - Communication records – legally compliant audio recordings of refund negotiations; - Finally, pre-appraisal medical liability complaint procedures (mediation by medical arbitration committees) cost less than litigation, but must include a rights preservation clause explicitly stating refusal of "one-time settlement" packages that waive all rights.

IV. Practical suggestions and legal basis

The first step is to verify the qualifications of medical institutions and doctors, and report unlicensed ones directly to the authorities. The second step is to collect complete medical records, payment receipts, and evidence of commitments, and to preserve the current condition of the patient through imaging. The third step is to initiate a formal appraisal and liability determination process through authorized institutions, and to claim compensation for repairs and refunds. The fourth step is to complete evidence preservation before the repair surgery, and to refrain from signing any waiver of rights clauses during mediation. 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; specific applications 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, you can demand refunds and compensation, and report the case to the authorities. Second, medical records are crucial for appraisal. Before undergoing repair surgery, it's important to preserve the current condition of the injury. Third, for false advertising, you can demand a refund and triple compensation. Don't sign any clauses in the mediation agreement that waive all your rights. Those involved in medical beauty disputes can seek help through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution, and in cases involving contract refunds, it can be integrated accordingly.Business and contract disputes in enterprisesFor plates involving criminal reporting, you can refer to the following information for reference.Criminal defense and criminal case filingFor any questions regarding difficult cases, please feel free to consult us.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Can I get a refund if I'm not satisfied with the results?

Review the agreement and determine liability: If the contract clearly stipulates that if the desired results are not achieved, the patient can claim a refund for breach of contract; however, it is difficult to obtain a refund in cases of purely aesthetic disappointment and no negligence on the part of the medical staff. In such cases, the preoperative commitment records are crucial evidence.

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 responsibility; if the medical party repairs the damage on its own before the appraisal, the evidence chain for claiming the repair costs will be broken. In this case, the repair should 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 implant and keep the removed items and examination records. Report the case to the health and health care authorities, and in civil cases, request a full refund and compensation. If the circumstances are serious, report the case to the police for criminal prosecution.

Q4: Do I still need to continue repaying the beauty loan?

If an institution fraudulently induces a loan, the borrower may claim to terminate the loan contract or offset the damages with compensation; the borrower should negotiate with the lending institution and keep the evidence of the fraud, and avoid simply defaulting on the loan to damage their credit record.

Q5: Is the mediation by the Medical Dispute Mediation Committee reliable?

It's free and official, but please pay attention to the terms and conditions. If the settlement amount is too low or includes a clause requiring you to waive all your rights in exchange for a one-time settlement, you should sign the agreement with caution. If you suffer major damages, you should immediately initiate appraisal litigation instead of accepting the settlement.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may differ, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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. In case of disputes, please consult a practicing lawyer in time.