What is the legal responsibility of Shanghai Cosmetic Hospital for the bone grinding incident?
With the vigorous development of the cosmetic industry, bone grinding surgery, as a common cosmetic surgery, has attracted much attention. However, due to improper operation or medical disputes and other reasons, bone grinding surgery also has certain risks. Does the hospital bear legal responsibility when the patient has problems during the bone grinding operation in Shanghai Cosmetic Hospital? The responsibilities of hospitals are analyzed one by one as follows:
Obligations of the hospital
As an institution providing medical services, Shanghai Cosmetic Hospital has the following legal obligations:
First, hospitals have an obligation to ensure the quality of medical care. Plastic surgery is a high-risk medical practice. The hospital should have a medical team with relevant professional knowledge and experience to be responsible for the operation of bone grinding surgery. If the medical staff do not have the corresponding technical ability, or neglect the preoperative evaluation and postoperative care, resulting in serious consequences for patients, the hospital should bear the corresponding legal responsibility.
Secondly, hospitals are obliged to fully inform patients of the risks and effects of surgery. Before the patient makes a decision, the hospital should provide sufficient preoperative consultation to the patient, specify the operation process and potential risks, and obtain the informed consent of the patient. If the hospital has defects in this respect, such as not providing sufficient information or not obtaining the explicit consent of the patient, resulting in losses to the patient, the hospital should bear the corresponding legal responsibility.
Finally, the hospital is obliged to provide necessary post-operative treatment and care. After the bone grinding operation, a certain period of rehabilitation and nursing is needed. The hospital should provide patients with necessary postoperative treatment and guidance to ensure the effect of the operation and the safety of patients. If the hospital fails to fulfill this obligation, resulting in complications or other problems for patients, the hospital should bear corresponding legal responsibilities.
The hospital's liability for breach of contract
If the hospital violates the above obligations, the patient can claim the hospital's liability for breach of contract:
The first is violation of the treatment contract. There is a medical contract relationship between patients and hospitals. If the hospital fails to perform the obligations agreed in the contract, such as failing to provide qualified medical services, the patient can claim the liability for breach of contract and require the hospital to bear the corresponding liability for compensation.
The second is tort liability. If the fault or negligence of the hospital causes damage to the patient, such as improper operation, failure to fulfill the obligation to inform, the patient can claim the hospital's tort liability and require the hospital to bear the corresponding compensation liability.
In addition to the hospital's individual liability for breach of contract and tort, the hospital may also bear collective liability for negligence. If Shanghai cosmetic surgery hospital has negligence in organization, management, training and other aspects of responsibility, resulting in multiple patients suffering losses, in this case, the hospital as a whole may be identified as collective negligence responsibility, and need to bear the corresponding legal responsibility.
Remedial measures of the hospital
After the problem of bone grinding surgery, Shanghai Cosmetic Hospital can take the following remedial measures:
The first is to actively find and correct problems. The hospital should carefully review the operation process and postoperative care, find out the problem, and take positive measures to correct it. At the same time, patients should be treated and rehabilitated in time to reduce further damage.
The second is to actively negotiate with patients. The hospital can actively communicate and negotiate with patients to jointly seek solutions to problems. For example, hospitals can provide free follow-up visits and treatment, or refund part of the operation costs to compensate for the loss of patients.
The last is to strengthen quality management. The hospital should draw lessons, strengthen the training and supervision of medical staff, and establish a sound medical quality management system to prevent similar problems from happening again.
Summary
The legal liability of Shanghai Cosmetic Hospital for the bone grinding incident is mainly based on the hospital's obligations and liability for breach of contract. The hospital has the obligation to ensure the quality of medical care, fully inform patients and provide necessary post-operative treatment and care. If the hospital fails to fulfill these obligations, the patient can claim the hospital's liability for breach of contract and tort. The hospital can remedy the problem by finding problems, negotiating with patients and strengthening quality management.
