Increase in personal injury caused by ‘botched’ beauty & cosmetic treatment

The most popular beauty and cosmetic treatments

The demand for beauty and cosmetic treatments in the UK is on the rise and, with this, there has been a sharp increase in the number of clinics purporting to be specialist providers of such treatments.

The most popular beauty and cosmetic treatments are:

1. Breast enlargement/reduction.
2. Abdominoplasty (‘tummy tuck’)
3. Liposuction
4. Laser hair removal
5. Botox
6. Lip-fillers
7. Eyebrow treatment (such as ‘microblading’ or ‘brow lamination’)
8. Eyelash treatment

The UK beauty and cosmetic industry is largely unregulated and new clinics are opening every day to secure their place in this expanding market. This has led to a growing concern that profit is being put before patient safety.

There are some beauticians/clinicians who are claiming to hold the required experience and qualifications when they simply do not! This is leading to a rise in ‘botched’ cosmetic treatment in
the UK, such that the government has recently launched a consultation to consider how the industry can be better regulated going forwards.

Examples of negligent beauty & cosmetic treatment

It is not possible to list all of the ways in which beauty and cosmetic treatment can be negligently performed.

However, some common examples are as follows:

• Cosmetic burns – beauty and cosmetic clinics often use products and equipment which present a burn hazard to their clients (e.g. using dyes and hot wax or a laser machine). If
  the product or equipment causes burns, scars and/or disfigurement to a client this is a good indication that there has been negligence on the part of the provider.
• Allergic reactions – the products used by beauty and cosmetic clinics may be hypoallergenic (i.e. contains allergens which may cause adverse reaction). When using such products a ‘skin patch test’ should be performed prior to the procedure to ensure that the product is safe to use. If a skin patch test is not performed and a client goes on to experience an allergic reaction, this is likely to constitute negligence on the part of the provider.
• Infection – the development of an infection may suggest that reasonable care was not taken to limit the risk of infection during the procedure. Furthermore, the failure to properly dress and maintain the treatment site or a delay in diagnosing and treating an infection may also amount to negligence.
• Excessive scarring – many cosmetic procedures involve creating incisions in the skin and the nature and extent of resulting scars should be discussed with the client prior to the procedure. If the surgical incisions are more excessive than was reasonably required for the procedure and/or there was a failure to discuss the extent of the likely scarring prior to the procedure, this may constitute negligence on the part of the treatment provider.
• Unsatisfactory result – the treatment provider should provide accurate information on the expected aesthetic results of the procedure. If the procedure does not provide the expected aesthetic results, this may indicate negligence on the part of the provider. For example, if breast implants lead to shape irregularities or if lip fillers lead to asymmetry or overly enlarged lips.

Claiming compensation

Whether a person attends a salon for lip fillers or a clinic for breast implants, they are entitled to expect that the procedure will be performed to a reasonable standard by a competent specialist. When a provider of treatment does not adhere to this general expectation, this can amount to negligence and give rise to a claim for compensation.

It is important to note that beauty and cosmetic surgery often carries some risk of an adverse outcome or post-procedure issues, and such risks should be fully explained to the person prior to the procedure so that they can provide informed consent. A failure to properly set out the risks may amount to negligence on the part of the treatment provider. If a known and accepted risk does ultimately occur, it may still be possible to establish negligence on the part of the treatment provider if the reason for the risk occurring was a failure to carry out the procedure to a reasonable standard. Failures in the provision of beauty or cosmetic treatment can result in both physical and/or psychological harm to the person. It is possible to claim compensation in respect of the pain and suffering resulting from the negligent treatment as well as any financial losses incurred (e.g. loss of earnings, treatment expense, etc).

Why Aston Knight?

The huge increase in beauty and cosmetic procedures has led to an increase in unsuccessful surgery and poor outcomes. This can have a profound impact on your physical and psychological well-being with the effects of negligent treatment often being long lasting or even permanent.

As well as compensating you for the physical and psychological effects of negligent treatment, a claim for failed beauty and cosmetic treatment can provide you with the funds you need to arrange corrective treatment.

We are a specialist medical negligence firm and aim to make the claim process as simple and stress free as possible. We understand the key components to bringing a successful claim against a negligent treatment provider and we ensure all necessary evidence is gathered and presented in a way which improves claim prosects and guarantees the best possible settlement for our clients.

We pride ourselves on our excellent success record and client care standards.

If you have suffered an injury (either physical or psychological) as a result of substandard beauty or cosmetic treatment and you would like a free consultation to discuss your options, please call Aston Knight Solicitors today on 0161 399 1231 or click the ‘Contact’ button above to submit an online enquiry and one of our dedicated Solicitors will contact you to discuss your claim further.

Andrew Thompson (Senior Solicitor)