The medical service contract dispute between a medical beauty company in Xuzhou and the appellee Liu.
The business license of a medical company clearly states that it is a profit-making medical beauty service institution. The medical beauty service involved is different from the routine diagnosis and treatment based on disease treatment, but is to improve the appearance and health of consumers and meet the higher aesthetic needs of life consumption, which should be regulated by the Consumer Protection Law according to law.
As a medical company specializing in medical beauty services, it should be known that it should have relevant qualifications to carry out the above services, and personnel with relevant health technology should operate according to the rules. However, the medical company still provides the above-mentioned medical beauty services to consumers without qualification, which infringes on consumers' right to know and causes damage to their health. It should be considered as intentional fraud, and the court of first instance found that the medical company was fraudulent (supporting consumers to claim compensation for the loss of three times the cost of surgery).
Elements of fraud:
1. The specific acts of fraud are, and the corresponding acts include medical beauty institutions deliberately concealing the basic facts that affect consumers' decision-making, falsely publicizing the medical beauty effect or exaggerating it too much. ?
2. There are fraudulent intentions in medical beauty institutions, such as false promises of postoperative effects and concealment of possible side effects of consumers after surgery; Medical beauty institutions have the intention to make consumers fall into wrong cognition through false statements, so as to accept medical beauty services.
Legal provisions:
Article 55 of the Law on the Protection of Consumers' Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail. Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Article 49 of the Law on the Protection of Consumers' Rights and Interests stipulates that if a business operator provides goods or services, causing personal injury to consumers or other victims, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 51 of the Law on the Protection of Consumers' Rights and Interests stipulates that: if a business operator infringes on the personal rights and interests of consumers or other victims, such as insulting and slandering, searching the body and infringing on personal freedom, thus causing serious mental damage, the victims may request compensation for mental damage.