Civil Liability Of Medical Cosmetic Accident

At present,the medical cosmetic surgery is rising,but there is not a relevant domestic law to regulate this action.And academic circles also have different sation about the accident that arising in the medical plastic surgery on nature of this civil legal liability,responsibility identification,methods of bearing civil liability.The reasons mainly include the iatrogenic and non-iatrogenic factors,the subjective and objective aspects,in and outside the industry,the systematic and institutional factors and so on.Which civil liability should Medical cosmetic institutions be bear?How to define the nature of the civil liability?How to balance the legal rights of the cosmetic workers?Those problems should be solved in the theoretical and practical fields.The medical cosmetic is different from the traditional medical treatment to the purpose of which is to seek spiritual enjoyment in the health condition of cosmetic surgery.China's Ministry of Health issued the Medical Cosmetic Service Management.It regulars the medical cosmetic institutions qualification and occupation personnel must possess the required qualification standard.But the medical cosmetic disputes and the accident just general about 'handle with relevant state regulations',resulting in a number of different judgments.The thesis based on the civil liability of medical cosmetic accident research,mainly on the basic theory of medical plastic behavior,an civil responsibility analysis on aspects of medical cosmetic accident,the confirmation of civil responsibility to medical cosmetic accident,methods of bearing civil liability.Meanwhile,this thesis will come up with my own proposal on civil liability.The body consists of four parts:The introduction discusses the problems in the practice of medical cosmetic accidents and the purpose of the research.The frist part,an overview of medical cosmetic and medical accident behavior.Based on the traditional medical,general medical accident to defines the medical cosmetic behavior,medical cosmetic accident and the law of medical cosmetic accident.And according to the medical cosmetic market points out reasons of the medical cosmetic accident disputes.At the same time,contrasting the law of different country point out the defects of our current laws.The second part,the types of civil liability for medical cosmetic accident.The author recognized that medical cosmetic accident as the breach and tort.According to the law of our country on compensation standard,cosmeticers are more likely to come up with tort action,in order to get the maximum damage compensation.The author believes that this situation is not reasonable.And looking forward to analysis of relevant laws to the balance of this phenomenon.The third part,identification the liability of medical cosmetic accident and the methods of bearing civil liability.The author thinks that the person of accountability should distinguish legal and illegal medical cosmetic institutions.And the principle of'culpability admit fault liability and no-fault liability.For the combination of responsibility,the author thinks that the compensation should be including compensation for material and spiritual compensation.In addition,mental compensation should get more attention.The fourth part,improve and perfect the system of civil liability to medical cosmetic accident.Mainly,it expand from improve relevant laws and regulations,improve the relevant content of the contract,builting up the system of medical cosmetic insurance and the judicial system.