[Direct answer]In the Beijing area, compensation may not necessarily be granted, as it depends on whether the hospital is at fault. Surgical failure does not necessarily mean medical negligence: if preoperative examinations are thorough, patients are fully informed, and the operation complies with regulations, the unsatisfactory postoperative results are considered medical risks that patients must bear themselves; however, if the indications are incorrectly assessed, preoperative examinations are omitted, surgical errors are made, or postoperative complications are handled improperly, this constitutes medical harm, and compensation can be claimed based on the degree of fault. The process involves first sealing the medical records, applying for a medical harm appraisal, negotiating or litigating after the appraisal determines liability, and the compensation scope includes medical expenses, loss of income, follow-up treatment costs, disability compensation, and mental distress compensation.

I. Problem Background and Typical Scenarios

Spending 20,000 to 30,000 yuan on myopia surgery, only to experience vision deterioration, severe dry eye syndrome, and even conical cornea afterward, which has seriously affected my daily life. Patients' initial questions are often simple: I've spent money and suffered through the pain, so why doesn't anyone take responsibility? The dense risk disclosures in the surgery consent form often lead many people to believe that signing the form means giving up their right to claim compensation—this is the most common misunderstanding.

II. Key points of contention

First, the standard for determining fault: indications, preoperative examination, surgical procedures, and postoperative treatment. Second, the effectiveness of informed consent: whether signing the surgical consent form exempts from liability. Third, the role of appraisal: determining causality and degree of involvement. Fourth, the calculation of compensation items and arrangements for follow-up treatment costs.

III. Professional analysis by Henglue Law Firm

Based on Henglu Lawyer's experience in handling medical damage disputes, there are four key steps in refractive surgery cases: 1. **Fixing the Medical Records**: Immediately apply for the sealing of medical records (surgery records, preoperative examination reports, informed consent forms, and postoperative treatment records) upon discovering the damage. Outpatient institutions typically keep medical records for a short period, and failure to retrieve them within a week may result in incomplete records. At the same time, copy all medical records and request their stamping. 2. **Scanning for Faults**: Focus on three key areas: - **Completeness of preoperative examinations**: Common errors include omitted items such as corneal thickness, corneal topography, tear production, and fundus examination. - **Indication screening**: Check for contraindications such as corneal thinness, congenital keratoconus, or unstable refractive errors before surgery. - **Timely and standardized treatment of postoperative complications**: Ensure prompt and proper management of complications. 3. **Expert Appraisal and Liability Determination**: After filing a lawsuit, apply for a medical damage appraisal to assess fault, causality, and contributory negligence. During negotiations, clients may commission their own appraisals to gain leverage, but courts often opt for reappraisal during litigation. Budget this in advance with your lawyer. 4. **Compensation Implementation**: Calculate compensation based on contributory negligence, including medical expenses, follow-up treatment costs, loss of income, caregiving expenses, and disability compensation (for those meeting disability criteria) plus emotional distress damages. Special note: Signing a consent form does not automatically exempt hospitals from liability. Full disclosure only exempts inherent risks that were truthfully informed about—not negligent actions themselves.

IV. Practical suggestions and legal basis

The first step is to immediately seal and make copies of all medical records, and request the hospital to stamp and confirm them. The second step is to organize the evidence chain of preoperative examination, payment, postoperative visits, and damage consequences. The third step is to negotiate with the medical side or file a complaint with the health department, and simultaneously evaluate and arrange for a medical malpractice appraisal. The fourth step is to sue within the three-year statute of limitations if no agreement is reached, and apply for a medical malpractice appraisal to determine liability and claim compensation. Main legal basis: Article 121 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the liability for medical malpractice, Article 122 regarding the presumption of fault, and Article 123 regarding informed consent; Article 22 of the Physician Law of the People's Republic of China (effective from March 1, 2022) regarding medical treatment standards; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for claiming compensation after a failed surgery: compensation is only provided if there is negligence, and the appraisal is the sole criterion; sealing the medical records to gain time, and the actions taken within the first week after the surgery determine the quality of the evidence; compensation is calculated based on the degree of involvement, and subsequent treatment costs can also be claimed. Those involved in medical disputes related to myopia surgery can seek help through legal channels.Personal injury and medical disputesThe service provides a comprehensive solution, which includes the evaluation of disability and the calculation of compensation, which can be combined togetherSpecial servicesFor disputes involving plastic surgery and cosmetic procedures, you can refer to the relevant provisions in the "Regulations on the Administration of Medical Beauty Services" issued by the National Health Commission.Contract disputesFor any questions regarding the enforcement of compensation payments, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can I still claim compensation if I've signed the surgery consent form?

Yes. The purpose of the consent form is to prove that the hospital has fulfilled its obligation to inform the patient of the risks, and it exempts the inherent risks of providing truthful information. If the hospital is at fault, such as omitting certain examinations or making operational mistakes, it should still bear responsibility according to its fault.

Q2: Is postoperative vision regression considered a medical accident?

Retreatment itself is a known risk. Whether it can be compensated depends on whether there are any mistakes: if the degree of myopia has not stabilized or the corneal conditions do not meet the requirements but the surgery is still performed, it is a mistake in the control of indications; if the individual differences in retreatment occur under appropriate conditions and standardized operations, it is generally considered a risk borne by the patient himself, and the appraisal authority will make the final decision.

Q3: How to conduct a medical malpractice assessment?

In the lawsuit, the parties apply to the court to determine the appraisal institution through consultation or a random draw, submit medical records and statement materials, and the appraiser appears in court to answer questions. The appraisal opinion usually specifies the fault, causality, and participation rate, which is a direct basis for determining compensation.

Q4: Can I ask the hospital to repair and treat it for free?

It can be proposed as a negotiation plan: If the hospital is at fault, the repair and treatment costs should be considered as follow-up treatment expenses, and the hospital should be required to bear them. The written agreement should specify that the repair does not mean the end of liability, or clearly state the amount of one-time compensation.

Q5: Is there a time limit for making a claim?

The statute of limitations is three years, calculated from the date when the claimant knows or should have known that his rights have been infringed and the obligee's obligations have been breached. Sealing the medical records and filing a complaint will interrupt the statute of limitations, but evidence (especially outpatient medical records) may be lost over time, so it's best to initiate legal action as soon as possible.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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, so as 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 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.