A harmful breast enlargement operation given to a Guangzhou
woman has resulted in her winning a compensation claim against the
clinic which carried out the procedure in a ruling lawyers say has
set an important legal precedent.
The ruling was reported to the media earlier this week.
The claimant, a woman identified only as Xu, sued Guangzhou
Huamei Cosmetic and Plastic Surgery Clinic over the improper use of
Polyacrylamide Gel (PAAG).
Xu, 36, visited the clinic in May last year and was injected
with 200 milliliters of the gel. Shortly afterwards she began to
experience side effects including pain, lumps and inflammation of
breast tissue. She attempted to have the gel removed in another
clinic in August 2005 but the surgery was unsuccessful.
"The woman was awarded 36,000 yuan (US$4,500) which includes the
refund of medical expenses and compensation for physical and mental
injury and other associated costs," Qin Wen, an official of Tianhe
District People's Court, told China Daily yesterday.
Although the woman was seeking 98,000 yuan (US$12,000) the court
agreed on a lower figure on the advice of Guangzhou Medical
Association, Qin said. "The woman has appealed to Guangzhou
Intermediate People's Court as she is dissatisfied with the
amount," Qin said.
Injections of PAAG were banned in April this year. However,
prior to that only State-level medical facilities were permitted to
conduct the procedure.
The clinic's head, surnamed Han, declined to comment on the
judgment yesterday but insisted nothing wrong had been done. He
said the clinic would appeal against the decision.
Lawyers following the case expressed approval at the ruling
which they considered a big decision given the number of women it
might affect. According to a recent CCTV report around 300,000
women have used PAAG injections for breast enlargement on the
Chinese mainland.
"It's good news for me," Zhan Liyuan, a senior lawyer of
Guangzhou-based Post Doctor Legal Firm, told China Daily
yesterday. "The judgment sets a good example for other similar
cases."
Zhan has handled many disputes over various plastic surgery
incidents in which the alleged victims were usually
unsuccessful.
"The opinion of authoritative medical organizations is usually
the key in such cases," said Zhan.? "But many organizations
have close relationships with the management of clinics which puts
victim in a difficult position." It was felt other victims would be
greatly encouraged by the outcome of the case, he
suggested.?
"The result will send a positive message," said Pu Zhiqiang, a
lawyer involved in a similar case in Shenzhen. "However, the
compensation amount is too small to cover the patient's
losses."?
"Moreover, according to the law, courts cannot simply copy other
rulings," Pu said. "The case in Guangzhou is just a positive
signal.".
From 2002 to the end of last year 183 reports of adverse
reactions to surgery involving PAAG implants have been submitted to
the State Adverse Drug Reaction Monitoring Center.
"Only a few victims have brought the matter to trial as most
settle out of court," Pu said.
(China Daily June 1, 2006)