Today’s social aesthetic values have led to a craze for plastic surgery, resulting in the number of clinics providing the service increasing at a stellar rate. About three million people had plastic surgery on the mainland in 2010 in an industry worth an annual ¥15 billion yuan, as newly rich Chinese began to tend to their appearance. However, the results can be devastating, especially when beauty seekers make hasty decisions or choose risky options in an under-regulated market. Loose industry statutes has led to a surging number of botched operations and legal disputes.
Despite the existence of rules and regulations, the industry has become so lucrative that some beauty salons perform cosmetic procedures without the proper certification. A recent raid by health authorities on 11 cosmetic surgery clinics across China found that less than half met national standards. Many feel China’s obsession with plastic surgery has gone badly awry, as more and more unlicensed, unskilled and unscrupulous practitioners jump into an increasingly lucrative, yet largely unregulated industry. While government-run hospitals adhere to stricter standards with more experienced doctors, the same cannot be said of so-called “black hospitals” and other private facilities that perform operations secretly, attended over by surgeons who lack ethics and with no loftier an aim than to make money.
Wang Bei, a 24-year-old former talent show contestant, died in the operating room in November during a routine plastic surgery procedure in Wuhan, capital of Hubei province. Later, investigations showed that her surgeon, Wang Liangming, never fully qualified as a practitioner.
Lack of Particular Practical Law
Despite the fact that there are some applicable laws and regulations, such as the General Principles of Civil Law, the Consumer Protection Law, and the Regulation on the Handling of Medical Accidents, there is no particular practical law to regulate the beauty treatment and hairdressing industries. Furthermore, the Regulation on the Handling of Medical Accidents is only employed in the event of a customer disfigured by botched operations by qualified hospitals or facilities. Should the salon be unqualified, the victim defaults to the Consumer Protection Law as a reference to obtain double compensation on grounds of defraud conduct, a situation that in practice is not good for the protection of consumer interests.
Unique Ruling in Courts of Law
One Chinese man divorced his wife and received a ¥750,000 settlement for “lost opportunities” after his wife gave birth to an “amazingly ugly” baby and it was revealed that the wife had hidden her own “ugliness” with cosmetic surgery. Common sense would lead a reasonable person to believe that the judge would toss such a ridiculous sounding lawsuit off the docket, but that is not what happened.
To better protect the rights of patients, the government should take immediate legal measures to control the market and regulate the plastic surgery industry. Efforts should also be strengthened in raising standards for beauty salons and plastic surgeons.
Meanwhile, it is conceivable that some patients develop mental problems, such as addiction to cosmetic surgery. Surgeons need to be sensitive to this issue, and communicate with patients thoroughly before agreeing to carry out any cosmetic procedures.
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners.
