Research On Medical Cosmetic Damage Compensation

With the improvement of the economic level and the rapid development of science and technology,more and more people pay more attention to the spiritual pleasure brought by more outstanding appearance and body image,which makes the size of beauty seekers continue to expand,thus promoting the development of the medical beauty industry.Medical cosmetic behavior itself is invasive and traumatic.Once the operation fails,it will cause the beauty seeker to suffer personal,property and mental damage.For the damage of medical cosmetology,the medical organization or medical cosmetology organization not only violates the contract,but also infringes the life,health or body rights of patients or beauty seekers,which results in concurrence of breach of contract and infringement.At this time,the ways of exercising the right mainly includes: the victim chooses by himself,the legislation carries on the exclusivity choice.The way of exercising the right in medical damage or medical cosmetic damage belongs to the latter—the application of tort liability law,the legislator’s exclusive choice is more beneficial to patients or beauty seekers,for this reason,this article mainly carries on the analysis to the medical cosmetology damage tort liability.How to compensate for these damages in judicial practice mostly depends on judicial expertise,the judge can determines the amount of compensation according to the conclusion.To this end,this paper collects relevant medical injury liability disputes in the field of medical beauty,follows the path of finding problems-analyzing problems-solving problems,sorts out and analyzes the problems existing in them,and puts forward corresponding countermeasures for the problems and causes.This article is divided into five parts:The first part is the introduction,which mainly summarizes the domestic and foreign medical beauty damage compensation research status quo.The current legal system has not clearly defined the issue of compensation for mental damage and punitive damages for medical cosmetic damage,and the academic circle has not formed a unified system for some of these issues,it is difficult to guide the judicial practice because there are different opinions on the application of punitive damages,the calculation standard and the consideration elements of compensation for mental damage.At the same time,it needs to be improved in the prevention and dispersion of medical beauty risks for future disputes hidden dangers.Compared with the practice and research of medical cosmetology industry in Western countries,our country started late,so it is urgent to discuss the compensation of medical cosmetology damage.The second part is about the concept of medical cosmetic damage,the formation of liability and damage compensation.Because the medical cosmetology has the characteristic which the general medical treatment behavior does not have,like the profit,the selectivity,pays attention to the beauty seeker’s psychological level demand and so on;Medical cosmetology damage has uncertainty,irreversibility,mental damage and so on.Therefore,this part discusses the current legislation and research on the constitution of medical cosmetic damage liability,material damage compensation,punitive compensation and mental damage compensation.The third part mainly uses the statistical analysis tool SPSS 25.0 to carry on the statistical analysis to the medical damage responsibility dispute case,and then analyze the problems in judicial practice.First of all,descriptive statistical analysis is carried out by using statistical analysis tools,and a general direction of thinking is given to the problems to be analyzed.Next carries on the elaboration to the existence question.Because the medical cosmetology and its damage are different from the general medical damage,have the dual attribute of the general medical behavior and the life cosmetology.Complexity of the damage challenges the judicial practice and legal system of our country,especially in the identification system,the recognition of damage compensation,and risk prevention and dispersion.The fourth part is the analysis of extra-territorial legislation,system and practice,and based on the study of its legal system and practice,we have an enlightenment on our country’s institutional construction.This part mainly analyzes the legislative and practical situation of medical beauty damage in common law countries and Japan,and combines the development of medical beauty in our country,analyzes the enlightenment and reference provided by extraterritorial countries to the construction of our country’s system in terms of appraisal system,calculation of damage compensation,and risk prevention and dispersion.The fifth part is to combine and highlight the uniqueness of medical beauty and its damage from the perspective of infringement,and put forward suggestions on the solution of problems in judicial practice.On the issue of appraisal,the author advocates the construction of a special medical beauty damage appraisal system,including the training and introduction of appraisal experts and talents,the formulation of appraisal standards,etc.On the issue of compensation,the author advocates to use appropriate calculation methods for moral damage compensation and refine relevant elements to prevent judges from being too discretionary and affecting fairness.In punitive compensation,includes the situation of "significant negligence",and determine the calculation benchmark and standards as appropriate;Regarding the prevention and dispersion of risks,the author advocates the establishment of preoperative procedures,the principle of prohibiting the beauty needs of minors,and conditional permission under special circumstances,at the same time,puts forward suggestions for the implementation of medical beauty liability insurance.