Research On Legal Issues Of Medical Beauty Damage Cases

This paper analyzes the controversial focus of medical beauty damage cases,and puts forward solutions to promote the healthy and vigorous development of medical beauty industry.The text is mainly divided into four parts,which are the sorting of judicial cases of medical beauty damage,the difficult problems of proof in medical beauty damage cases,the judgment of violating the terms of medical beauty contract,and the standard of spiritual damage compensation in medical beauty damage.The first part mainly combs the typical cases,and then summarizes the problems,which are the difficulty of proof in medical beauty damage cases,the judgment of violating the terms of medical beauty contract,and the standard of mental damage compensation in medical beauty damage.The second part mainly expounds that the expert opinion is a sufficient but unnecessary condition in the proof of the parties and the delay of the damage consequences of the medical beauty damage case has a significant impact on the subsequent litigation and the result of the case.The third part discusses how to identify the non-compliance with the standards agreed in the contract in the lawsuit for breach of contract of medical beauty damage in judicial practice,including the vague terms agreed in the contract,such as the obligation to inform,medical beauty institutions must do their reasonable and prudent obligations,otherwise it will constitute a breach of contract;In case of conflict with the prognosis of the operation,the normal operation response is not a breach of contract,and the damage beyond the general scope constitutes a breach of contract.The fourth part analyzes the similarities and differences between tort litigation and breach of contract litigation.The same point is to cause serious mental damage,the difference is that the lawsuit for breach of contract requires that the other party’s personal rights be damaged due to breach of contract,while the tort requires that the other party’s personal rights and interests be infringed.