After taking hair follicles from the back of the head and transplanting 4,500 units of hair follicles from Guangzhou Beisheng Medical for hair transplantation costing more than 20,000 yuan and undergoing more than 10 hours of surgery, Guangzhou boy Li Cheng (pseudonym) thought he had finally solved the problem of “defeat” for many years.
However, 11 months after the hair transplant, he found that the top of his head was still sparse, and there was still an “empty” under the sun.
After repeated unsuccessful negotiations, Li Cheng took the other party to court. Since there is no appraisal agency to appraise the survival rate of hair transplanted hair follicles, Li Cheng, who lacks evidence, lost the case.
Li Cheng loses lawsuit against Beisheng hair transplant organization
In response, Guangzhou Beisheng Hair Transplant responded that there is no absolute standard for hair transplant surgery. Generally, the condition after hair transplantation is improved compared with that before surgery, and the hair transplant surgery can be considered as successful. “The survival rate of tangled hair follicles is of little significance.”
The on-site staff took photos of Li Cheng nearly 11 months after the hair transplant, showing that the amount of hair on the top of the head increased significantly, which proves the success of the hair transplant operation, but Li Cheng believes that the other party deliberately dimmed the camera exposure during the shooting to make the top of the head look more It’s dark, but under the natural light and indoor lighting, the overhead of my head is obviously still relatively empty. The two sides held different opinions and failed to reach an agreement.

Judging from the full text and the subject’s own answers, I did not find that the subject appealed, nor did I know the specific follow-up, nor did I know the subject’s thoughts. The current medical cosmetology industry can say that the contract and supporting agreements have been quite perfect under the review of professional lawyers. If such agreements are signed and the terms or paragraphs are ambiguous or obviously biased towards the medical institution, consumers It’s easy to fall into passiveness. A friend of mine was asked to go to a certain medical beauty institution in Hangzhou to perform face-lifting needles and some items. The value is about 50,000 yuan. Before signing, she sent me the contract, that is, after reading the contract, I insisted on the request. She gave up immediately, because the words that appeared in the description probably stated that if the patient’s own skin sensitivity or the result of the operation is not due to the technical reasons, the institution will not be liable for any breach of contract or tort. In the end she gave up. In fact, at that time, it was said that her face was ready to start work. For this case, the situation is almost the same as that of my friend. They are all caught in a pit in the contract, and this pit can’t be crawled out after getting in. My idea is not to entangle the survival rate of hair follicles. If the appeal is still aimed at this point, it will still lose.

zhiwo

By zhiwo

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helpmekim
6 months ago

As the lawyer who “knows best about hair transplantation”, let me talk to you a few words! In fact, this matter of yours also reminds the majority of men not to have hair transplanted as a last resort. After all, hair transplant is also a kind of medical beauty. The so-called “painless hair transplant” is the same as “painless human flow”. Who believes in sb. For most people, the entire process of hair loss is the reduction of hair follicles until the final necrosis of the hair follicles. The order of hair loss generally starts from the forehead and temples and moves back, then the top area, and then the two sides. Except for less extreme cases, the hair on the back pillow generally does not fall off, even with the frontal hair loss. , The hair behind will become denser and denser due to the concentration of nutrients. Therefore, the main process of hair transplant is to take out the hair follicles from the back of your head, and then plant them in your hair loss areas, such as the hairline, such as the top of the head. Although the current hair transplant technology is relatively mature, it is still a kind of “medical beauty” in the final analysis, and any medical treatment is naturally risky. One is the risk of surgical failure, such as a medical accident during the hair transplant operation; the other is the risk of failing to achieve results, such as the continued baldness after the hair transplant. The first type of risk is generally caused by the lack of qualifications of hospitals and physicians, or non-compliance with diagnosis and treatment standards, and is beyond the scope of our discussion today. There are many reasons for the second risk. It may be because the medication is not prescribed by the doctor, or it may be that the patient’s own head has insufficient nutrients and cannot survive. Therefore, the current mainstream hair transplant institutions generally sign a preoperative agreement with the patient to ensure that the survival rate of hair follicles is above 95%. If the survival rate is determined to be less than this ratio, it will be repaired once for free. If it is still below this level, the hair follicle ratio will be used. Refund the corresponding surgical expenses. However, patients tend to ignore two details in the agreement. These two details are: 1. Must be “identified by this institution” (the subtext means that your identification does not count, my hair transplant institution has the final say) 2. Hair follicle survival rate The reason for less than 95% must be “due to surgical technique and operation factors” (the subtext is if your own little head is not hairy, don’t blame me) This is also the reason why the main lawsuit in this case will lose (litigation strategy) It’s wrong). Since this case is a medical service contract dispute, you should not worry about the survival rate of hair follicles. What you should pay attention to is “whether the fundamental purpose of your contract is achieved?” You must know that the medical service contract is also a kind of contract. Contract fulfillment. You go to a hair transplant institution to grow your hair, not to grow hair follicles. Hair transplant to grow hair follicles is your means to grow your hair, not your goal. Since your hair does not grow after the hair transplant, does it mean that the hair transplant agency has not fulfilled its contractual obligations as agreed, or at least not fully fulfilled it. According to the provisions of the Civil Code, if one party fails to perform or does not fully perform its contractual obligations, the other party has the right to request continued performance, take remedial measures or compensate for losses. If the fundamental purpose of the contract is not fulfilled, the contract can be terminated. Since the subject of your current hair transplant has not been achieved, it is reasonable for you to ask for a refund, right? The above suggestions are for your reference. Try another litigation strategy. I wish you success in defending your rights!

heloword
6 months ago

After reading it, I felt very grievous for the parties! The problem now is that there is no institution to determine the survival rate of hair follicles. The relevant medical institutions believe that it is beyond the scope of their own appraisal. Today’s aesthetic medicine is still in a gray area. Involved in medical disputes, I lost the lawsuit, and lost in “who advocates who gives evidence”. Conversely, this hair transplant business site is also unable to provide evidence. That being the case, change your thinking and try to sue for “false advertising”. The party claimed that there was no hair follicle testing in the hair transplant business premises before the operation, and after the operation, it was emphasized that “don’t get entangled”. Such important key “hard indicators” are not implemented. According to what it said, “playing a rogue”, right? Isn’t it obvious that “false advertising” and “inducing consumption”? If it cannot be confirmed that the survival rate of hair follicles is more than 95%, then it is a “false advertisement” and it is harmful to consumers’ rights and interests. Since there is no institution to appraise, where does this survival rate come from? Since the survival rate of hair follicles is emphasized so much, why not give consumers this key indicator? Take justice now and request access to this key consumption indicator. I spend money to buy this indicator.

helpyme
6 months ago

What should I do if I am bald? How to save the hair transplant failed! Too sad! A stubborn patient who has been suffering from hair loss for three years came to teach a young man. He looks like Pan An since he was a child, but his hair loss caused Pan An’s appearance to fall. The mother is afraid of being alone in the future. However, the stubborn illness is too serious, and it costs too much silver. However, baldness does not mean to rejuvenate. After many thoughts, the young can not be destroyed by the hairless father. It has been planted in Sri Lanka for more than a few years, and it has been affected by the affected area for more than a few years. It has obtained dense young plants. The heart is more happy and radiant than it was in the past. The virtuous lady came to the door to the city. Xingwang’s mother is happy to smile, and my father’s face is light. This is my experience in seeking medical treatment. After all the hardships, I will end up with all the hardships and joy. People in the same way know that they are sad.

sina156
6 months ago

1. Normally find the reasons for “invalid contract” and “cancelable contract”, and refund the medical expenses incurred and other reasonable openings arising from the performance of the contract. If there is an invalid situation in the “Civil Code” (1) Chapter VI Section 3 of Title I and Article 506 of this Law;    (2) The party providing the standard clauses unreasonably exempts or mitigates its liability or aggravates it The other party is liable and restricts the other party’s main rights;    (3) The party providing the standard clause excludes the other party’s main rights. Then a refund is possible. 2. Continue to prove the damage result. In this case, there was a problem in the first instance. This matter does not look like a lawyer was hired to prosecute, and the prosecution was blind without the preliminary judgment of the damage result. When the case reached this point, it was not easy to hire a lawyer, and it would be incredibly fragrant to find a way to refund the operation fee.

yahoo898
6 months ago

I think the judgment of the first instance is still open for discussion, and I support the appeal of the parties. The core of the problem in this case is that in this case, the plaintiff and the defendant, who has the obligation to provide evidence, and who bears the adverse consequences of the inability to provide evidence. It is not comprehensive and precise to simply summarize the burden of proof as “who advocates and who produces proof”. For example, in this case, the plaintiff claimed that the defendant had breached the contract. If based on “who advocates, who provided evidence”, we can draw a conclusion: the plaintiff must prove that the defendant breached the contract; but the defendant also claimed that the hair transplant operation was successful. “We came to another conclusion: the defendant wanted to prove that the hair transplant operation was successful. Did you find it? Whether the defendant breached the contract and whether the hair transplant was successful are two ways of expressing the same question. In this case, there is no way to simply apply “who advocates, who presents evidence” to allocate the burden of proof. So which party should bear the burden of proof in this case? The second paragraph of Article 5 of the “Several Provisions on Evidence in Civil Litigation” issued by the Supreme People’s Court in 2008 stipulates: “Where there is a dispute over whether the contract is fulfilled, the party who has the obligation to perform it shall bear the burden of proof.” In this case, the two parties signed According to the “Hair Transplant Surgery Guarantee Agreement”, the defendant promised that the survival rate of hair follicles should not be less than 95%. The contractual obligation of the defendant was to perform hair transplant surgery on the plaintiff and ensure that the survival rate of hair follicles was not less than 95%. Now that the plaintiff believes that the defendant has not fulfilled its contractual obligations, according to the above-mentioned legal provisions, the defendant should provide evidence to prove that the defendant has performed hair transplant surgery for the plaintiff and the survival rate of hair follicles is not less than 95%. If the defendant cannot prove (including the unidentifiable hair follicle survival rate), it should be the defendant who bears the unfavorable consequences of the inability to prove, not the plaintiff. It’s just a pity that the above provisions were deleted when the “Certain Provisions on Evidence in Civil Litigation” were revised in 2019. The reason for the deletion is that “the rules on the distribution of burden of proof in Article 91 of the Interpretation of the Civil Procedure Law can be adopted. There is no need to repeat the provisions.” However, looking at the content of Article 91 of the Interpretation of the Civil Procedure Law, it seems that the meaning of the above clauses in the original “Several Provisions on Evidence in Civil Litigation” cannot be fully derived. Even “the parties whose rights have been impaired should provide evidence to prove the basic facts that their rights have been impaired” has also created confusion in the distribution of the burden of proof in this case. However, if it is deleted not because of the wrong provisions, but because there is no need for repetition, it is not improper to apply the case in accordance with the spirit of Article 5, paragraph 2, of the 2008 “Certain Provisions on Evidence in Civil Litigation”. Article 91 of the “Interpretation of the Civil Procedure Law” The people’s court shall determine the burden of proof in accordance with the following principles, except as otherwise provided by the law: (1) The parties claiming the existence of a legal relationship shall be The facts bear the burden of proof; (Common Cases 28) (2) The parties claiming that the legal relationship has been altered or eliminated or their rights have been impaired shall bear the burden of proof for the basic facts of the alteration or elimination of the legal relationship or the obstruction of their rights. The time for the conclusion of the contract in this case was before the revision of the “Certain Provisions on Evidence in Civil Litigation”. Does the law apply procedural law if it is not retroactive? That is another complicated topic.

leexin
6 months ago

Judging from the judgment based on the contract dispute, there is no problem. In contract disputes, in addition to providing the “agreement content” to the court, if you claim a breach of contract, it is more important to prove that the facts of the case are inconsistent with the original agreement. Although it may be that 95% of the hair follicle survival rate is not visible to the naked eye, the actual contract is based on the “hair follicle survival rate” and does not stipulate that “the hair visible to the naked eye will be thick to 95%”. The hair follicle survival rate is an unprovable fact, and the risk of losing the case due to unfavorable evidence is indeed very high. But in this case, you might as well try the infringement dispute. As consumers, they have the right to be informed about the quality, performance, purpose, and expiration date of goods or services. Business operators must not make false or misleading publicity, and the information provided should be true and comprehensive. The contract states “If the survival rate of hair follicles does not meet the above-mentioned standards due to surgical technology and operation factors, after verification and confirmation, this institution can perform free repairs or refund the unsurvived part of the surgical cost.” In fact, the survival rate of hair follicles cannot be identified. , Operators mislead consumers when providing services, and objectively violate consumers’ right to know. If it is proposed that the operator deliberately informed consumers of false information, or deliberately concealed the true information, inducing the hair transplanter to make a wrong expression, it can generally be regarded as a fraudulent act and require the other party to bear punitive damages. From the common sense of life, consumers will not sign a contract if there is no guarantee of effectiveness of such services. However, the problem that the survival rate of hair follicles cannot be identified, as a professional who provides hair transplant services, should know or have reason to know. So there is still room for another prosecution, so you might as well give it a try.

greatword
6 months ago

I always feel that the focus of the litigation dispute of the parties in this case is wrong. Whether the hair transplant is effective, the most intuitive thing is to check the plaintiff’s hair thinning in court, compare the condition before the hair transplant, and whether it is consistent with the effect that the hair transplant agency can achieve in advance. At the same time, whether there is false propaganda, serious breach of contract and other issues in the hair transplant organization is also the focus of the parties’ disputes, and it is relatively easy for the plaintiff to produce evidence. Although both parties have signed a document on the guarantee of “hair follicle survival rate”, it is of little significance. It is not known whether “hair follicle survival rate” is a medical term or a concept propagated by businesses. It may be similar to the effect of “clearing the stool” promoted by some weight-loss institutions. Law is about evidence, and evidence also needs to be used in statutory forms. If the “hair follicle survival rate” itself is a selling point that businesses have hyped up for publicity, the identification itself is meaningless.

loveyou
6 months ago

Don’t plant hair for bald heads, this thing is to tear down the east wall to make up the west wall. Suitable for high forehead hairline and thicker hair, you can take the back occipital hair for transplantation. There are overwhelming propaganda about hair transplants, but do you know what types of people are not suitable for hair transplants? The following categories of people are often not recommended for hair transplantation: 1. Patients who are in a period of massive hair loss 2. Patients with early alopecia areata 3. Cicatricial alopecia has just recovered 4. Smokers need to quit smoking for at least 2 weeks whether it is seborrheic alopecia, or Hair loss is caused by factors such as alopecia areata, postpartum hair loss, etc. If there is no obvious improvement after long-term use of drugs, hair transplant treatment can be accepted if economic conditions permit. Finally, the success rate of hair transplants is not 100%, and some people may have to undergo multiple hair transplant treatments. Hair loss in the hair transplant area may occur 2-3 weeks after hair transplant, which is also one of the common reactions after hair transplant. Generally, the effect of hair transplantation will be more significant in about one year.

strongman
6 months ago

The courts are relatively conservative in adjudicating disputes, that is, they do not make the first case or the first case. Whether seeking stability or not taking responsibility, this is also the status quo. There are many controversies and many issues involved. There is no professional appraisal agency. It is normal that no one has done the unpopular appraisal of hair follicle survival rate. However, it is unreasonable to completely impose the unprovable burden of proof on the plaintiff. After all, it is not that the plaintiff does not do the appraisal, but no one does the appraisal. In this case, the burden of proof is entirely borne by the plaintiff, is it too unreasonable? At the very least, they will each have 50 big boards. After all, neither party can prove whether it is the product quality or the plaintiff’s “foundation” problem! What do you say?

stockin
6 months ago

In fact, I have never understood the logic of these bald brothers. Why do I have such obsession with hair? Personally, I am not bald. I have a lot of hair and grow fast. In recent years, my white hair has also been dried out by me! But because haircuts were too expensive in the past few years, it is also expensive now. The price of a haircut by the director is still a member price. Shaved his head in anger and discovered the New World! I have been bald for more than 3 years, in addition to being cool, it is cool! With two more tattoos, you can walk with wind, and life will be much less troublesome since then! Many disputes that should have occurred have been nipped in the bud. It’s just too much trouble. The hair grows too fast. If you shave it today, it will grow out tomorrow! You have to use the bald fader once a day! This is what I just shot deliberately, a bald artifact!

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