[Direct answer]In the Beijing area, you can claim a refund of fees and compensation, but this must be based on professional assessments and cannot simply be based on personal dissatisfaction with the results. Orthodontics is a medical procedure. If a medical institution or its medical staff commit faults in the course of treatment and cause damage, the medical institution shall bear the liability for compensation in accordance with Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021); if there is no medical fault and the results simply do not meet expectations, you can claim to terminate the contract or a partial refund of fees in accordance with Article 577 on the liability for breach of contract. Common attributable circumstances include: failure to conduct necessary examinations and assessments, improper planning and operation resulting in root resorption or occlusal disorder, and failure to fulfill the obligation to provide explanations (Article 1229). The scope of compensation includes the cost of continued treatment and repair, loss of income, and separate claims for disability. Action guidance: Seal the medical records and imaging materials, negotiate with the institution first, and apply for a medical damage appraisal if necessary.

1. Problem background and typical scenarios

Spending tens of thousands of yuan on orthodontics with the expectation of improving one's appearance, only to end up with root resorption, tooth loosening, occlusal disorders, and even facial deformities. The patients demand refunds, but the institutions argue that "orthodontics involves individual differences" and "it takes time to observe the results". The essence of the dispute lies in whether the damage is caused by medical negligence or is an acceptable risk during the treatment process. In the former case, compensation can be claimed, while in the latter case, it mainly falls under the quality of service contract performance.

II. Key points of contention

First, is orthodontic failure a medical error or a normal risk? Second, how to choose the basis of right to claim for refund and compensation? Third, the necessity of proving and appraising fault and causality. Fourth, the scope of fee refund and the deduction of services already provided.

III. Professional analysis by Henglue Lawyers

These types of disputes first require a determination of the nature of the case and then a determination of the claims. **First Level: Nature of the Case**: Orthodontic treatment must be conducted by qualified medical institutions and doctors, which constitutes a medical treatment activity, thus subject to the fault-based liability of medical damage. To determine fault, typically assess whether the necessary imaging and model examinations were completed, whether the treatment plan design conformed to standards, whether follow-up visits and force application were reasonable, whether abnormalities were promptly adjusted, and whether risks and alternative solutions were adequately explained. **Second Level: Choice of Claims**: If there is clear medical negligence causing harm, claim compensation under medical damage liability, which may cover subsequent restoration and correction costs. If it is difficult to prove negligence but the treatment outcome fails to meet reasonable expectations, claim termination of the contract and refund of unprovided services under medical service contract liability, which constitutes breach of contract remedies. **Third Level: Evidence and Expert Appraisal**: Patients should submit medical records, imaging (panoramic X-rays, lateral head X-rays), treatment records, fee receipts, and pre- and post-operative photos. Medical institutions must bear the burden of proof for their treatment actions being free from negligence and causality. In cases of significant disputes, medical damage appraisals or professional opinions are typically used to determine liability. **Fourth Level: Refund Scope**: Fees for actually provided examinations, design, and phased treatments are generally non-refundable, while fees for unimplemented services can be claimed back. Secondary repair and re-correction costs due to negligence can be claimed as losses, which should be calculated separately to avoid duplication. **Fifth Level: Practical Points**: Orthodontic treatment cycles are long and involve frequent follow-up visits, making the complete preservation of medical records and imaging particularly crucial. After harm occurs, it is inappropriate to continue critical treatment at the original institution without documentation. Instead, patients should seek independent medical opinions elsewhere. Additionally, avoid signing generalized liability waivers during negotiations. Beijing has abundant dental medical resources, and such disputes require high professional expertise. The authenticity of medical records and imaging is a decisive factor in case outcomes.

IV. Practical suggestions and legal basis

The first step is to apply to the institution for a copy or seal of the medical records, imaging materials, and informed consent documents. The second step is to seek medical treatment at other formal medical institutions to obtain independent medical opinions and damage assessments. The third step is to negotiate with the institution in writing for refunds and compensation, clearly distinguishing between the unimplemented services and the damage losses. The fourth step is to file a lawsuit if the negotiations fail, claiming medical damage compensation or a refund according to the contract and applying for an appraisal. The main legal basis: Articles 577, 1218, 1219, and 1220 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 amended in 2016); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points in orthodontic disputes: first determine the nature of the dispute, then define the claims; if there is fault, follow medical damage compensation rules; if there is no fault, follow contract refund rules; medical records and imaging materials must be sealed; independent opinions must be obtained for second consultations; fees will be deducted for completed treatments, and uncompleted treatments can be refunded; repair costs for damages will be calculated separately. For cases involving oral medical damages, legal assistance can be sought through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution that integrates identification and evidence preservation.Special servicesFor the review of the terms of the medical service contract, you can refer to the relevant provisions in the contract template.Business and contract disputes in enterprisesFor the column, if you have any questions about the refund process, please feel free to consult usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: If I'm not satisfied with the orthodontic results, can I request a full refund?

Not necessarily. The failure to achieve the expected results and the existence of medical negligence are two different matters: the former is usually handled in accordance with the service contract, and usually only the fees for services not yet provided are refunded; only if it can be proven that the institution is at fault and has caused damage, can compensation or even a more substantial refund be claimed. Therefore, obtaining an independent medical opinion and a damage assessment are the key first steps.

Q2: What evidence should be prepared to prove orthodontic damage?

The core evidence includes: medical records and treatment records, imaging materials such as panoramic X-rays and lateral head X-rays, informed consent forms, invoices and payment receipts, comparison materials of pre- and post-operative photos, as well as medical records and diagnostic opinions from subsequent secondary treatment at other medical institutions. For cases with significant disputes, a medical damage appraisal should be requested to determine the fault and causality.

Q3: Approximately how much will it cost to fight this lawsuit?

The main expenses are appraisal fees, litigation fees, and attorney's fees. Appraisal fees are usually paid in advance by the applicant, and after winning the case, the applicant can claim that the other party should bear the responsibility according to the proportion of liability; litigation fees are calculated in stages according to the amount of the dispute. If the amount of the dispute is relatively small, it can be resolved through negotiation or by the Medical Dispute Mediation Committee and the Consumer Dispute Mediation Committee; for actual damages such as tooth root absorption, appraisal is often indispensable.

Q4: How long does it usually take from requesting a refund to receiving the result?

The consultation stage usually lasts from several weeks to several months. Orthodontic damage needs to be treated or observed until it stabilizes before an appraisal can be conducted, and the appraisal itself also takes several months. The first-instance ordinary litigation procedure generally lasts three to six months, and the overall process often takes more than half a year. It is recommended to seal the medical records as soon as possible to avoid delays in the process due to missing materials.

Q5: The agency said they will continue to provide free repairs. Should I accept that?

Be cautious when dealing with this. Before accepting further treatment, you should first secure evidence of the existing damage (medical records, imaging results, photos, and independent medical opinions) and confirm the repair plan and responsibilities in writing. Be particularly vigilant about clauses that offer "free repairs" in exchange for waiving claims. If you've lost trust in the original institution, you can seek medical treatment elsewhere and claim the associated costs as losses.

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

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 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.