Legal remedies for when aesthetic treatments go wrong
Cosmetic treatments are seen as affordable luxuries providing a sense of comfort during uncertain times. Such treatments include anti-wrinkle injections, dermal fillers, laser resurfacing, skin peels and fat-dissolving injections.
As non-surgical cosmetic procedures have become increasingly popular, they have also become more easily accessible. However, corresponding regulation of the industry has not kept pace with the increased use of treatments, which may be given without the associated formalities of surgery or awareness of the associated risks.
Recent investigations in England have termed the growing cosmetic procedures industry as a “wild west” dominated by “cowboy” cosmetic procedures.1 As such, there has been an associated increase in legal claims.
The Law
Claims for negligence relating to a cosmetic procedure would fall into the body of law known as “tort”.
For a claim in tort the following elements must be established:
- That a duty of care was owed to the person bringing the claim (the Plaintiff).
- That there was a breach of that duty of care.
- That the breach of duty caused the injury suffered by the Plaintiff.
Duty of Care
Anyone providing cosmetic treatments owes their client a legal duty to exercise reasonable care and skill.
Determining who is legally responsible is one of the first steps in any personal injury claim. This could be:
- A private cosmetic clinic.
- A doctor carrying out aesthetic procedures.
- A dentist offering facial aesthetics.
- A registered nurse.
- An independent practitioner.
- A beauty clinic providing advanced cosmetic treatments.
Breach of Duty of Care
Questions that may be asked when considering bringing a claim include:
- Did the practitioner carry out the treatment safely?;
- Were they properly trained?;
- Did they explain the risks of the procedure?; and
- Did they respond appropriately when complications arose?
If the answer to any of those questions is “no”, there may be grounds for a claim based on the negligence of the practitioner.
The Injury
The breach of duty must have caused the injury suffered by the Plaintiff.
Examples of injuries include:
- Infections caused by poor hygiene.
- Burns following laser or IPL treatments.
- Nerve damage from incorrect injection techniques.
- Severe allergic reactions.
- Facial asymmetry.
- Lumps and migration of dermal fillers.
- Permanent scarring.
Damages
Every claim is assessed individually, but compensation may include damages for:
- Pain, suffering and loss of amenity.
- Psychological injury.
- The cost of corrective treatment.
- Medical expenses.
- Loss of earnings.
- Future financial losses.
- Travel expenses.
- Care provided by family members or professionals.
The amount awarded depends on the severity of the injury and its impact on your daily life.
Prescription
In Jersey, with some exceptions, most personal injury claims must be started within three years of the injury.
Seeking legal advice sooner rather than later is always recommended.
The Future
The Association for Personal Injury Lawyers, representing claimant lawyers in England, has called for a national register to be created so those who carry out treatments, along with their premises, are licensed. They have also called for severe penalties for unlicensed practitioners not on the national register who carried out treatments.2
The cosmetic industry in Jersey is largely unregulated, like in the UK, meaning anyone can legally provide injectable treatments. There have been calls for greater regulation of the cosmetic industry in Jersey, with the Government of Jersey stating that the necessary regulations need to be developed.3
Get in Touch
If you want to discuss a claim in relation to a non-surgical cosmetic procedure or a personal injury claim more generally then our expert team will be able to assist you.
Where appropriate, we are able to offer “no win, no fee” agreements.
Call us on 01534 760760 or email enquiries@lgl.je.
1. Government crackdown on ‘wild west’ cosmetic industry after two-year-long ITV News investigation | ITV News
2. Customers must be protected when non-surgical cosmetic procedures go wrong
3. Calls for more regulation of cosmetic industry in the Channel Islands | ITV News Channel
