Whose fault is the laser beauty equipment dispute-Beijing Zhenhuimei Beauty Equipment Co., Ltd.
The verdict pointed out that Chen, a woman with a history of gambling and forging documents, bought a "whitening machine" online. When the massage and health salon was promoting sales, it happened that Ms. Yang came for a massage and asked Ms. Chen if she could remove the fetal spots on her right arm. Ms. Chen asked Ms. Yang to lie on her back on the beauty bed without wearing an eye mask or covering with cotton cloth. The machine overheated during the freckle removal. When adjusting, the light swept across Yang's left eye. There was no special abnormality at that time, but the left eye was completely dark when she woke up the next day. The doctor diagnosed retinal hemorrhage and macular hematoma.
Afterwards, the Health Bureau dispatched staff to conduct an inspection, and the beauty device with an unknown brand was gone, leaving only a document of "Operation Skills and Operation Methods". According to the analysis of the document, the Food and Drug Administration found that the machine was a laser beauty device with a wavelength of 532/1064nm. It is used for the treatment of tattoos and benign pigmented spots (commonly known as tattoo removal and birthmark removal), and belongs to the second-class medical equipment.
Ms. Chen denied operating the laser beauty device, and she also denied that the laser was scanned into Ms. Yang's left eye. She argued that Ms. Yang was fine at the time, but later claimed that her eye was injured and claimed for compensation. This matter had nothing to do with her. She did not buy this beauty equipment. When the equipment was taken away, no name and phone number were left.
Ms. Yang brought up the record of the conversation between the two. When Ms. Chen learned that Ms. Yang's left eye was damaged, she replied, I'm really sorry! Will it affect my eyesight?", SORRY! I didn't know it was so serious!" Ms. Yang's "retinal hemorrhage and macular edema" in her left eye were injured by Ms. Chen's laser operation. This laser beauty instrument must be operated by a doctor. Ms. Chen is not qualified to be a doctor. According to the doctor's law, she was sentenced to 10 months in prison and can appeal to the Supreme Court.
This news may be a small news for all viewers. But for the beauty industry, it was quite a shock!
You may think that "the doctor and the doctor take care of each other, of course they are outraged." But it's not that simple...
The source analysis of "medical injury"
When discussing medical "injury", we must first clarify the "injury source".
A few years ago, there was a voice that "medical behavior must be included in the consumer protection law". The reason why this voice is "extinguished" is not because the medical profession is very strong, but because medicine is inherently adventurous!
Don't understand the meaning of "the essence of medicine is risk"? Let's put it this way, as "consumers", the premise of eating noodles is that "people who are in good health should continue to maintain their health after eating noodles." In other words, the harm caused by consumption behavior will not be a problem of consumers themselves, but the result of "consumption behavior".
Not so for medical. For example, cancer patients, if left untreated, tend to die themselves. At this time, there are three possibilities for medical intervention: "perfectly stop the progression of the injury", stop the progression of the injury impotently" or "accelerate the progression of the injury unexpectedly". The former met the patient's expectations, and the middle result, the patient died of course, but the fault was not medical treatment. The latter "may" be at fault in medical treatment, probably" because of unpredictabilityperiod factor.
However, for the patient and his family, the patient only has two outcomes: "recovery after treatment" and "death after treatment". The former "may" thank the doctor, and most of them think that "the health insurance has paid you, this is what you should do." The latter either accept it silently, or begin to doubt it.
Medical treatment is not a consumption behavior, and the most important difference lies in the second and third items: "The failure of medical treatment may be the inability to prevent the natural progress of the disease, or the Possibly a medical error." Rationally speaking, the second item certainly does not belong to consumption behavior; the third item "should" be consumption behavior, right?
Possible sources of "medical harm" include "disease unstoppable" and "disease unstoppable: due to device or non-device (such as unknown drug side effect )". Among them, only when the "due to equipment" is determined, can the beauty equipment manufacturer be blamed.
Even if there is a negligence, it may not be a fault...
After writing so many dry words, you may feel that "the injury caused by the doctor's negligence should be regarded as the doctor's problem, right?"< /span>
At this time, let me give you an example: the doctor forgot to give the patient toothpaste, so the patient did not brush his teeth. Three hours later, the patient fell while going out to buy food... The doctor did have a "fault", but the "patient fell" has nothing to do with the fault at all! ? This is the core spirit of "cause and effect" in law.
In other words, even if there is a real medical negligence, unless it is proved that the negligence has a causal relationship with the patient's "after trouble", otherwise the negligence will not constitute "medical negligence".
Besides, the so-called "negligence" must be judged!
As I said before, medicine is not a god, and the best result is "to prevent mistakes from continuing." In other words, even if a certain behavior causes harm to the patient ("causality" has been proven), if the medical team has fulfilled its reasonable obligations at the time, this behavior is not considered medical negligence, let alone medical negligence. This is the source of the definition of "should pay attention, be able to pay attention, and not pay attention" in criminal law.
This is actually very simple: Before any purchase (the use of therapeutic equipment or beauty products), understand and read the operating instructions in a more detailed way to improve understanding Mastery of the instrument. Then, under the training of professionals, you can master and practice repeatedly for a long time, so that you can greatly reduce the risk of misoperation before operation, and truly ensure the safety and health of the recipient.