Medical Beauty Infringement Legal Issues Research

Medical and cosmetic surgey is the transform and repairation for human body,it is the use of repair and reconstruction aid,medicines,medical equipment and other invasive medical technology method.In the reality,such as rhinoplasty,remove scars,facial wrinkles,tattoo,pull eyelid,cheek and cut liposuction are all areas of medical and cosmetic surgey. Medical and cosmetic damages is the competition of tort liability and breach of contract,by comparison tort lawsuit is more conducive to maintaining the beauty of their legitimate rights and interests impaired.At present,China has no uniform law applicable basis on the issue of medical cosmetology tort damages.In this paper,the author demonstrate the medical and cosmetic surgey belong to medical practice through the analysis of general medical practice and medical ethics institutions.We can apply the "Tort Liability Act " on the relevant provisions of the health care liability for damages to solve the medical cosmetic infringement.The liability of medical beauty infringement should be based on the different nature of the medical institutions,take different imputation methods.In the article also mentions how to analyze medical institutions negligence,what kind of criteria to identify the fault about medical and cosmetic sector,to enrich our tort theory of negligence.The end of the article also talks about the medical and cosmetic damage liability determination and commitment, apply punitive damages in the special case of medical cosmetic infringement,as well as the factors in the application of punitive damages.