Case of Appearance Beauty or Ugly after Cosmetic Surgery: Discussing the Medical Natur of Cosmetic Medicine
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.