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Spend 488,000 yuan for cosmetic surgery, the prosthesis is not placed in the agreed position, can I get compensation?

Before the operation, it was obvious that the prosthesis was implanted behind the pectoralis major muscle, but unexpectedly, the doctor changed the implant position without authorization and implanted the prosthesis behind the breast! Afterwards, the parties took the beauty company to court, demanding a refund of 488,000 yuan for medical beauty services and 1,464,000 yuan for triple the cost of medical beauty services. Will the court support it? The reporter learned today that after the trial of this case by the Guangzhou Haizhu Court, the judgment refunded the cost of medical beauty services of 250,000 yuan. The Guangzhou Intermediate People's Court upheld the original judgment in the second instance.

Spend 488,000 yuan for cosmetic surgery, the prosthesis is not placed in the agreed position, can I get compensation?

After breast augmentation, it was found that the position of the prosthesis was not implanted as agreed

On November 16, 2019, Xiaofang underwent 8 surgeries including breast implant surgery at a medical beauty company, with a total cost of 488,000 yuan. Before the operation, Xiaofang described herself as "healthy" and had no previous medical history.

Based on concerns about the diagnosis of breast cancer and other diseases, Xiaofang asked for a prosthesis to be implanted behind the pectoralis major muscle, and the medical beauty company verbally agreed. Xiaofang signed the Informed Consent Form, agreeing that the doctor could adjust the treatment according to the condition.

According to the medical beauty company, during the operation, it was found that Xiaofang's ribs were slightly valgus and the amount of glands was small, so the treatment plan was adjusted to a "double plane" technique, that is, the prosthesis was partially implanted behind the breast and partly implanted behind the pectoralis major muscle. After the operation, Xiaofang expressed satisfaction with the surgical effect.

In October 2020, Xiaofang was diagnosed with left breast cancer. During the examination, it was found that both breast prostheses were behind the thymus.

Xiaofang believes that the medical beauty company changed the implant location of the prosthesis without authorization, changing from the pectoralis major muscle to the breast.

Medical beauty companies believe that the use of "double plane" technology, positional movement after implantation of prosthesis is a common phenomenon.

For the convenience of examination and treatment, Xiaofang surgically removed the prosthesis of her left breast on November 27, 2020.

Unable to resolve the dispute through consultation, Xiaofang sued the medical beauty company for changing the implant location of the prosthesis without authorization, requesting that the medical beauty company be ordered to refund the cost of medical beauty services of 488,000 yuan and compensate three times the cost of medical beauty services of 1.464 million yuan.

Spend 488,000 yuan for cosmetic surgery, the prosthesis is not placed in the agreed position, can I get compensation?

The court found that the service fee of 250,000 yuan was refunded in the judgment of breach of contract

Guangzhou Haizhu District People's Court first-instance judgment: The medical beauty company refunded 250,000 yuan in medical beauty service fees to Xiaofang.

Both sides were not satisfied and appealed. The Guangzhou Intermediate People's Court rendered a second-instance judgment rejecting the appeal and upholding the original judgment.

The court pointed out that the right to adjust the treatment method according to the medical behavior is because the medical behavior has a strong professionalism and has a significant impact on the life and health of the patient, if the doctor is not given this right, in the case of urgent special circumstances, the predetermined treatment method may affect the treatment effect of the medical behavior, and even affect the safety of the patient's life.

Although medical beauty has a significant medical nature, it itself has no major impact on the life and health of patients, and people's aesthetics have individual differences, patients may also have special circumstances that they do not want to disclose but have a greater impact on the choice of treatment methods, which determines that patients should enjoy greater decision-making power in medical beauty, and the right of doctors to adjust treatment methods according to their conditions should be limited. Based on her concerns about the diagnosis of breast cancer and other diseases, Xiaofang requested that the prosthesis be implanted behind the pectoralis major muscle, and the medical beauty company also agreed to implant the prosthesis in this way, and the two sides have reached an agreement.

According to the call records, the reason why the medical beauty company adjusted the implant position of the prosthesis was that Xiaofang's ribs were mildly valgus, and the situation did not reach the extent that not adjusting the implantation position would endanger Xiaofang's life and health, and it should be determined that the medical beauty company had no right to adjust. Rib valgus is not a physical condition that cannot be found through ordinary physical examination, and the medical beauty company has an experienced beauty doctor who should determine the implantation location based on Xiaofang's slight valgus of her ribs before surgery, and truthfully inform Xiaofang.

In the case that Xiaofang requested that the prosthesis be implanted behind the pectoralis major muscle, the medical beauty company did not truthfully inform, but adjusted itself during the operation, which violated the principle of good faith and damaged Xiaofang's trust interests.

Regarding the owner's failure to truthfully inform the family history of breast cancer

According to the medical aesthetic company's statement and the literature provided by it, breast implant surgery is not related to breast cancer, and whether there is a family history of breast cancer has an impact on the choice of implant location (in order to avoid affecting the diagnosis of breast cancer, it cannot be placed behind the breast), there is no evidence of an impact on other matters of the operation.

Therefore, even if Xiaofang has no family history of breast cancer, or does not truthfully state that she has a family history of breast cancer, in the case that she has clearly requested that the prosthesis be implanted behind the pectoralis major muscle and cannot be implanted behind the breast, it is not appropriate to determine that Xiaofang is hiding an important condition, and it cannot be determined that the medical beauty company has the right to change the location of the implant in non-essential circumstances. Taking a step back, if the family history of breast cancer has an impact on other matters of surgery, or even affects whether breast implant surgery can be performed, the medical beauty company, as a professional medical beauty service institution, should prompt it separately and require patients to answer clearly to protect the patient's right to know and the right to life and health, rather than asking in general terms such as "past history" or whether there are "diseases that are not suitable for operation".

Now Xiaofang has been diagnosed with left breast breast cancer, and in order to facilitate examination and treatment, the prosthesis of the left breast has been surgically removed. According to the experience of daily life behavior, in order to facilitate the detection of right breast cancer, it is also necessary to remove the right breast implant placed behind the breast. It can be seen that because the medical beauty company violated the agreement between the two parties and changed the implant implant method without authorization under non-essential circumstances, the implanted prosthesis must be removed, which has constituted a breach of contract and should bear the corresponding liability for breach of contract.

Taking into account the difficulty of the 8 operations, the relative market price of each operation and other factors, the cost of breast augmentation is determined as appropriate to be 250,000 yuan.

How to reduce the obstacles on the road to beauty? Hear what the judge has to say

Dong Guangxu, the economic magistrate of the Haizhu Court, pointed out that everyone has a heart for beauty, and many people who love beauty do not hesitate to take a knife for beauty. The dispute in this case tells us that the road to beauty is not smooth, and there are many hidden dangers of disputes.

In order to reduce the obstacles on the road to beauty, we would like to make suggestions for beauty lovers:

1. Choose a regular medical aesthetic institution;

2. Cautiously accept medical aesthetic surgery according to physical condition;

3. Truthfully inform the previous medical history and family medical history before the operation;

4. The important matters of the operation shall be determined in writing.

At the same time, it is recommended for medical aesthetic institutions:

1. Make a targeted preoperative questionnaire, do a good job in preoperative physical examination, and ensure that the surgical plan does not damage the health of beauty lovers;

2. Fully inform the surgical risks, surgical options, etc., to ensure the right to know of beauty lovers;

3. Non-essential non-exercise of the right to adjust the treatment plan to protect the independent choice of beauty lovers;

4. Clearly mark the price to protect the fair trade rights of beauty lovers;

5. Do a good job in evidence preservation, such as fixing the implantation position of the prosthesis by CT or other means after surgery.

Text, photo/Guangzhou Daily, Xinhuacheng Reporter: Statutes Correspondent: Hai court

Guangzhou Daily New Flower City Editor: Lin Jing

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