Medical And Cosmetic Damages Compensation Liability

After the reform and opening-up, people’s aesthetic begins to change with thecontinuous improvement of people’s material standard of living, Due to the impact ofthe social environment, many people begin to be dissatisfied with their appearance. Inorder to remedy the defects of congenital, more people begin to favor medical beautyservices to achieve the desire. There is a market there is demand. The more peoplewant to create the perfect body through medical beauty services, the more medicalcosmetology institutions have come into being, So the medical beauty industry hasbeen the rapid development, especially in the big developed city. Driven by theprosperity of the medical beauty market and high profit, a lot of medical institutionswho do not have the qualifications of medical and cosmetic services also join the teamof medical and cosmetic plastic surgery, but medical beauty services can be opened bythe higher medical technology mechanism, which lead to a lot of medical andcosmetic accidents even the disfiguring and death phenomenon that caused varyingdegrees of damage to the patient body. Comparing the western developed countries,our country medical beauty industry starts relatively late and the relevant legal systemis not perfect. So in the case of a medical cosmetology harm compensation, there iscaused legal confusion, even appear the blank related articles. Although the "TortLiability Act" enacted fills the blank of law and it is played a very positive role insolving the medical and cosmetic damages disputes, it can not achieve the medicalbeauty service industry norms only by this law. To properly solve the medicalcosmetology harm compensation, It is not only protect the legal rights and interests ofpatients, but also can conduct the healthy development of the medical beauty industryand social harmony. This article is for medical and cosmetic harm compensation inthis particular field, which researching the basic theory of medical cosmetologydamage liability and focusing on the analysis of the application of our current laws indealing with the medical cosmetology harm compensation, and it points out thedefects in the current lawsand provides some reference legal advice. The article isdivided into three parts: The first part is analysis the basic medical and cosmetic damage liability theory,it starts from the definition of medical, cosmetic medical and its components ofmedical beauty of nature, its cosmetic damage liability is discussed in detail, and itsdefines the standard of the responsibility identification of medical and cosmeticdamage. The second part is that the current law which solves the medical cosmetologyharm compensation disputes is discussed, and points out the defects of the currentlaws. The last part is it provides the legal advice of our medical and cosmetic damagesand relevant countermeasures following our current legal system...