The Definition of “ Beauty ” and the Judgement Criteria of “ Damages ” in Aesthetic Medical Malpractice Litigation
How to define “beauty” plays a critical role in medical malpractice litigation concerning aesthetic medicine. However, only few theorists and learned judges have devoted themselves to this topic trying to frame practically sound principles, and very limited success has been achieved. This article probed into the definition of “defective outcome” in the field of aesthetic medical malpractice decisions, with special reference to the two parameters, naming “not being subjectively satisfied” and “obtaining objectively unfavorable outcome.” Also investigated was how the damages and solatium were decided by the court. Hopefully, this article will help in aesthetic medical malpractice litigation to elucidate not only the intriguing concept of “beauty” and “defective outcome,” but also the way how to determine the damages and solatium, and to set up a clear-cut criteria to settle these disputes therein.