1. First, doctors and patients can negotiate and mediate. If mediation fails, both doctors and patients may make a request to the health administrative department. After investigation and study, the health department will give advice on handling, and generally will negotiate and mediate again.
If negotiation fails, you can bring a lawsuit to solve it. The key to determine whether cosmetic injury constitutes a medical accident lies in the subject of cosmetic surgery for patients. If patients go to various regular medical institutions for cosmetic treatment, and the adverse consequences meet the conditions of medical accidents, they should be treated as medical accidents.
3. According to the regulations on the management of medical institutions issued by the Ministry of Health, medical institutions refer to hospitals, health centers, outpatient departments, clinics and health centers. Engaged in disease diagnosis and treatment activities that have passed the examination by the administrative department of health and have been registered and issued with the Practice License of Medical Institutions.
4. If the patient goes to a general beauty salon for beauty treatment, the adverse consequences will not be medical accidents, but general infringement cases.
The compensation items for cosmetic medical disputes are as follows:
1. Medical expenses: determined according to medical expenses, hospitalization expenses and other receipts issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence;
2. Lost time: determined according to the lost time and income of the victim.
3. Nursing expenses: determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment.
5. Hospitalization food subsidy: it can be determined by referring to the food subsidy standard for ordinary staff of local state organs;
6. Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions;
To sum up, medical beauty disputes can be handled by health authorities and industrial and commercial administrative departments.
Legal basis:
Article 37 of the Regulations on Handling Medical Accidents
In the event of a medical accident dispute, if the parties apply to the health administrative department for handling, they shall submit a written application. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant.
Within 1 year from the date when the parties know or should know that their health has been damaged, they may apply to the health administrative department for medical malpractice dispute settlement.
Article 44 of the Regulations on Handling Medical Accidents
If a medical malpractice dispute is settled by mediation or judgment of the people's court, the medical institution shall, within 7 days from the date of receiving the effective mediation or judgment of the people's court, report in writing to the local health administrative department, and attach the mediation or judgment.