[Direct answer]In the Beijing area, the responsibility subject is determined based on the nature of the institution. Firstly, for medical institutions that have obtained the "Medical Institution Practice License", if their medical staff cause harm to patients during medical treatment activities, the medical institution shall bear the compensation liability in accordance with Article 121-8 of the Civil Code of the People's Republic of China (effective from January 1, 2021), provided that there is fault in the medical treatment and a causal relationship between the fault and the harm. Secondly, for non-medical institutions such as health preservation and massage centers that cause injuries during physiotherapy, the fault-based tort liability in Article 116-5 and the obligation of ensuring safety in Article 119-8 apply, and the operator or the actual infringer shall bear the responsibility. Thirdly, if the operator does not have the corresponding professional qualifications and the circumstances are serious enough to constitute illegal medical practice, they may also bear administrative responsibility and even criminal responsibility under Article 336 of the Criminal Law of the People's Republic of China. The scope of compensation includes medical expenses, loss of income, nursing care expenses, follow-up treatment expenses, and disability compensation. Action guidance: Retain medical records and invoices, fix the qualification information of the operators, seek medical treatment in time, and apply for appraisal.

I. Problem background and typical scenarios

Massage, moxibustion, acupuncture, cupping, and orthopaedic adjustment are offered in some hospitals' traditional Chinese medicine departments and in wellness centres and massage parlours. Improper procedures may lead to soft tissue injuries, nerve damage, burns, and even spinal injuries caused by improper orthopaedic adjustment. After an incident occurs, there is often a blame game where the clinic claims it was an individual's operational error, while the hospital insists it was just a health service rather than medical treatment. Patients often don't know who to sue or what legal basis to rely on for compensation.

II. Key points of contention

Firstly, whether the institution is a medical institution and whether the liability for medical harm or ordinary infringement applies. Secondly, whether the operator has a professional qualification and whether it constitutes illegal medical practice. Thirdly, how the burden of proof for fault and causality is distributed. Fourthly, the scope of compensation and the calculation of follow-up treatment costs.

III. Professional analysis by Henglue Law Firm

The key to such cases lies in their legal classification. Different classifications lead to different liable parties and evidentiary rules. **First level**: Distinguishing between medical institutions and non-medical institutions. The *Regulations on the Administration of Medical Institutions* (promulgated in 1994 and amended in 2016) sets licensing requirements for institutions providing medical services. Hospitals, traditional Chinese medicine clinics, etc. are considered medical institutions, and medical malpractice liability applies, with the institution bearing external responsibility. In contrast, wellness centers offering non-medical services such as health massage are general business operators, subject to fault-based tort liability and safety protection obligations. The liable party may be the store owner, actual operator, or specific staff member. **Second level**: Fault and causality. Medical malpractice liability is a fault-based responsibility. Patients must prove that they received services from the institution, suffered harm, and establish a preliminary causal link between the two. The medical institution must bear the burden of proof to demonstrate the lack of causality between the medical act and the harm, as well as the absence of fault. In non-medical institution cases, patients face higher burden of proof. In practice, this is often demonstrated through consistency between service items and injury sites/times, combined with professional opinions. **Third level**: Red lines for illegal medical practice. Engaging in medical activities without a physician's qualification or exceeding the institution's scope of practice may lead to administrative penalties. In severe cases, it involves Article 336 of the Criminal Law (illegal medical practice). Patients can report to health authorities and strengthen their civil claims based on this. **Fourth level**: Evidence preservation. Promptly copy or seal outpatient records, physiotherapy logs, and payment receipts; save WeChat communication and payment records; photograph injury sites. For severe injuries, seek prompt treatment at formal hospitals and retain medical records. When claiming compensation, ensure receipts correspond to the injury timeline. **Fifth level**: Compensation calculation. Claims may include medical expenses, loss of income, care costs, transportation expenses, nutrition costs, and follow-up treatment costs. For disabilities, claim disability compensation and mental distress compensation, ensuring receipts correspond to the injury timeline. Beijing authorities strictly enforce inspections of unlicensed TCM clinics, allowing parallel progress of administrative reports and civil litigation.

IV. Practical suggestions and legal basis

The first step is to verify the qualifications of institutions and personnel and inquire or report to the health department. The second step is to seal the medical records and physiotherapy records, and fix the evidence of payment and communication. The third step is to seek medical treatment at a regular medical institution in time and keep all receipts. The fourth step is to sue if no agreement is reached, claim medical damage liability or fault infringement, and apply for appraisal. The main legal basis: Articles 121, 122, 165, 198, and 179 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the Regulations on the Management of Medical Institutions (promulgated in 1994 and revised in 2016); Article 336 of the Criminal Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points to consider when dealing with medical treatment-related injuries: First, determine the nature of the institution—whether the medical harm is due to medical malpractice or ordinary infringement, which determines who should be held liable for compensation; Second, qualifications are a red line. Unlicensed operations can be reported and claims can be strengthened; Third, it's better to seal the medical records and receipts as soon as possible. Appraisal is the key to determining disability and causality. For personal injury compensation cases, you can proceed through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution, which includes assessment and disability evaluation that can be combined togetherSpecial servicesThis section provides reference materials on reporting illegal medical practices and managing criminal risksCriminal defense and criminal case filingFor the column, you can consult about the execution of compensation paymentsCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: If I get injured during a massage at a health spa, can I claim compensation for medical damages?

Generally, it is not possible to directly file a lawsuit for medical damages, unless the institution actually obtains a medical practice license and engages in clinical activities. Most health spas are general operators, and they should claim compensation from the operators or actual infringers based on the obligations of fault infringement and safety protection. If they attract customers in the name of treating diseases and use acupuncture and other clinical methods, they can claim that they are operating beyond their scope of business and report it to the health and health department at the same time.

Q2: What evidence is needed to prove a therapy-related injury?

The core evidence includes: consumption and identity evidence (receipts, payment records, membership cards); process evidence (physiotherapy project records, appointment and chat records, store surveillance); injury evidence (photos of the injured areas, formal hospital medical records and images, diagnosis certificates); and qualification evidence (practice or business licenses displayed by the store, and information about the operators). The more complete the evidence is, the more favorable the qualification determination will be.

Q3: How much does it usually cost to file a claim?

The main expenses are medical treatment fees and appraisal fees. The litigation fees are calculated according to the amount of the claim, and the losing party may bear part of the fees according to the proportion of responsibility after the plaintiff wins the case. If the injury is minor, it can first be settled through negotiation or mediation by the market supervision and health departments; if it involves more serious consequences such as nerve damage and fractures, disability appraisal is often a necessary investment, and its conclusion directly determines the amount of compensation.

Q4: How long does it take from being injured to receiving compensation?

The treatment and appraisal stage usually takes several weeks to months, and the disability appraisal needs to be conducted after the treatment is completed. If no agreement can be reached and the case proceeds to litigation, the first-instance ordinary procedure generally lasts three to six months. If the other party fails to fulfill their obligations after the judgment, enforcement will be necessary. The overall duration depends on the speed of the injury stabilizing and the other party's willingness to fulfill their obligations. It is recommended to organize evidence simultaneously during the treatment stage.

Q5: The store refuses to admit that the problem is caused by their operation. What should I do?

First, fix the timeline: physiotherapy time, projects, operators, and the point of injury. Combine with the store's surveillance and chat records to form preliminary evidence of causality; seek medical treatment promptly and ask the doctor to record the injured area and possible causes; report their qualification issues to the health and wellness and market supervision departments; if the negotiations fail, sue and apply for a medical damage or causality assessment to determine responsibility based on professional opinions.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. If you encounter disputes, please consult a practicing lawyer in time.