電波拉皮手術和解案：和解契約之互相讓步與拋棄權利【學習式判解評析】 試閱
The Settlement in Thermage Facelift Dispute: Mutual Concessions and Waiver of Rights in Settlement Agreements
一名女性患者至醫美診所進行音波拉提手術，卻導致臉部受有二度燙傷。患者與診所因此達成協議，由診所賠償現金並提供半年修復治療並視情形再行協調。患者認定診所所為修復治療效果不符預定目標，遂提起訴訟請求全額賠償，遭歷審法院駁回在案。本文將就雙方之協議逐項檢視民法上和解之相關要件，並就可資深入探討的相關議題補充本文之看法。
A female patient underwent an ultrasonic lifting procedure at a medical aesthetic clinic, resulting in second-degree facial burns, and sought recourse against the clinic. The patient and the clinic agreed that the clinic would compensate in cash and provide a half-year course of repair treatment, and left the rest for further coordination according to the outcome of the repair treatment. The patient felt that the effect of the clinic’s repair treatment did not meet the intended goal, so she filed a lawsuit against the clinic for full compensation, which the trial court rejected. This paper will examine the relevant elements of the settlement agreement in civil law one by one according to the agreement between the two parties and supplement this paper’s views on relevant topics that can be discussed in depth.
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