Is medical beauty as deep as the sea?Kunming lawyer teaches you how to avoid a pit


Editor’s note: short weight, consumption trap, overlord clauses……In the face of all kinds of consumption, have your legal rights and interests been infringed?Have you ever encountered the dilemma of consumer trap but difficult to protect your rights?From March 4th to March 15th, Palm Spring, together with Kunming Law Popularization Office, Kunming Justice Bureau and Civil Law Professional Committee of Kunming Lawyers Association, launched the soliciting activity of “Small Palm Support Group”, and simultaneously launched the special report of “March 15th Lawyers Support You” to safeguard fairness and justice in the consumer field.In recent years, the popularity of medical beauty has formed a new industrial chain covering new media, but also caused a lot of disputes.For ordinary consumers, the direct purpose of receiving medical beauty services is to improve the “appearance level”, which belongs to the pursuit of higher level of life consumption.However, the medical beauty service industry is a new industry, how can we prevent the possible pit in the medical beauty service?On March 14, the reporter invited Gong Chenggui, a lawyer from Yunnan Tianwaitian Law Firm, to discuss this issue with us.Reporter: Lawyer Gong please introduce to us what is medical beauty?Gong Chenggui: Medical Cosmetology refers to the use of drugs, surgery, Medical instruments and other traumatic or irreversible Medical techniques to repair and reshape the human appearance and forms of various parts of the human body.Originated in ancient Egypt, it is the art of beautifying appearance.Reporter: How do you look at the current medical beauty market?Gong Chenggui: According to a report by China Youth Daily on November 1, 2019, the medical cosmetology industry is full of chaos, and you can become a “consultant” for 3,000 yuan.In 2018, the China Data Research Center and the China Association of Plastic Surgery released the White Paper on the “Black Needle Underground” of Chinese Medical Beauty, revealing surprising information about “black doctors”. According to the data, in the “black medical beauty” market, 9 out of 10 medical beauty practitioners are “black doctors”.Although the medical beauty market has become more and more standardized in recent years, disputes still occur from time to time.Reporter: If there are medical disputes, how should we protect our rights?Gong Chenggui: Let’s talk about this with a case.Since 2019, Zhao customized a number of beauty and skin care projects in a beauty center, including enema detoxification, pigment management (RADIO frequency) project services.Zhao mou in the process of receiving services, gradually feel discomfort, then report to area WeiJianWei, WeiJianWei exist in the processing of the survey found that the center without qualification illegal medical practice, zhao mou hence filed a lawsuit, the requirement of ruling refund payment service, product cost, and the consumers’ rights and interests protection act according to three times the compensation.The court of first instance ruled that beauty and skin care center to Zhao has paid back the service, product fees, and three times the compensation of more than 2 million yuan.At the same time, the judgment, sole proprietorship enterprise investors, beauty care center to pay obligations to assume joint liability.The beauty center and investors refused to accept the first judgment, filed an appeal.The court of second instance rejected the appeal and upheld the original judgment, holding that medical cosmetology is a consumer’s living consumption for the purpose of improving the quality of life and improving their appearance. Therefore, the Law on the Protection of Consumer Rights and Interests should be applied.Reporter: common people feel this is medical treatment dispute commonly, should apply the legal regulation of respect of medical treatment dispute, how can basis “consumer rights and interests protection law” judgment 3 times compensation?Gong Chenggui:As an institution specializing in medical beauty services, the beauty center is supposed to know it should have relevant qualifications, can carry out enema, rf treatment, and the related health technical personnel to operate, now the beauty center in the absence of qualifications, to provide the services to zhao mou, violated as consumers the zhao mou’s right to know should be identified with fraud intentionally,Applicable “consumer rights and Interests Protection Law” three times punitive damages provisions.Reporter: How to prevent being cheated in the process of accepting medical beauty service?Gong Chenggui: First of all, in the selection of beauty institutions, beauty institutions should be required to show the relevant medical qualification certificate, to ensure that the beauty institutions have the qualification and ability to provide beauty services;Next, consumer should decide hairdressing plan reasonably, rational consumption.For the expected effect and the promise of the beauty agency, try to write in the relevant agreement or contract signed and sealed by both parties to confirm, so as to clear the beauty service project and effect, so as to avoid disputes;Finally, after a dispute, seal up and copy medical records and other evidence in time. In case of examination, treatment and repair, in addition to photographing and other retained evidence, it is best to go to the third-class A hospital for examination and treatment, and keep the corresponding medical records and bills of examination and treatment, in case of litigation in the late period when the two parties in the dispute fail to negotiate.(Palm spring city reporter Yang Mengqi)

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