【醫療民事法】整形手術後外觀美醜案：論美容醫學之醫療特性【學習式判解評析】 試閱
Case of Appearance Beauty or Ugly after Cosmetic Surgery: Discussing the Medical Natur of Cosmetic Medicine
時下流行的美容整型所衍生之糾紛，現已成為醫療民事訴訟之大宗，此類醫療契約之性質與一般醫療行為之契約性質是否相同，學說上多有討論，並未實務所重視。本文藉美容醫學實際民事案例，分析該類訴訟常見爭議，包含告知說明義務之範圍、醫療契約之性質及醫療契約是否適宜解除等。就美容醫學之性質而言，本文認為其屬非治療性且非必要性之醫療行為，同時涉及主觀審美之不正確概念、高額自費、營利性質眾等因素，自與一般醫療行為之特性相異，故宜加重從事美容醫學之醫方責任，以保護病人之權益。
Disputes arising from the cosmetic surgery which is now popular have recently become the bulk of medical civil lawsuits. There are many discussions on the doctrine, whether the medical contracts as such have the same nature with general medical behaviors which have the contractual nature, and it has gotten high attention from legal practice. This article analyzes the common disputes of this type of lawsuit through the actual civil case of cosmetic medicine, including the scope of the duty of disclosure, the nature of the contract, the problem how to determine the damage and whether the cancellation of contract is appropriate or not. As far as the nature of cosmetic medicine is concerned, this article considers it to be a non-therapeutic and nonessential medical behavior, and it also involves uncertain factors such as subjective aesthetic ideas, high selffinancing and profitability. These are very different from the characteristics of general medical behaviors. Therefore, it is advisable to increase the medical responsibility of the cosmetic medicine in oder to protect the rights and interests of patients.
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