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对受术者来讲,美容手术只许成功不容失败;而事实上,手术意外可能经常发生,美容手术的风险尤大。近年来,因美容手术导致容颜损害继而诉诸法律的案件愈来愈受到社会各界的强烈关注。我们收集了29例成功索赔到美容损害赔偿金的诉讼案件,按照赔偿事由、法律适用、赔偿范围、赔偿金的确认机构和认定方式等因素(见下表),对美容损害索赔中若干法律问题进行研究探讨,以求对相关的法律建设起一些推动作用。
For the surgeon, cosmetic surgery can only succeed without failure; in fact, surgical accidents may occur frequently, and the risk of cosmetic surgery is particularly high. In recent years, the cases of cosmetic injury leading to facial damage and then resorting to law have drawn more and more attention from all walks of life. We collected 29 cases of successful claims for cosmetic damages. According to the reasons for compensation, the applicable law, the scope of compensation, the mechanism for identifying the compensation, and the means of identifying (see the table below), we investigated several legal issues related to cosmetic damage claims Conduct research and discussion, in order to play some role in promoting the relevant legal construction.