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Why Are We Seeing an Increase in the Number of Claims Arising from Cosmetic Procedures?

It is often assumed that Medical Negligence refers to GPs & Surgeons but Hodgkinsons explore why claims against beauticians are increasing.​

Why Are We Seeing an Increase in the Number of Claims Arising from Cosmetic Procedures?

The demand for cosmetic and beauty treatments is currently on the rise but so are the number of injuries resulting from such treatments. Whilst the beauty industry is currently booming it also remains an unregulated industry which often means that the duty of care given to clients is often overlooked without consequence.  Injuries resulting from laser treatment, chemical reactions and unsafe machines are to name but a few of the many types of claims we are now seeing.  There has also been a substantial rise in reports of ‘botched’ cosmetic procedures within the UK.

An increase in the demand for such procedures has been correlated with the dramatic increase of celebrities such as reality stars like ‘the Kardashians’ who often talk about the procedures they have had and glamorise the industry. To meet the demand, unqualified practitioners have begun to offer ‘basement deals’ for those who want to achieve the perfect look at a fraction of the price. In 2017, 931 incidents were reported relating to treatments such as lip fillers and Botox and 83% of those procedures were found to have been administered by non-medics. Dermal fillers have received the highest number of complaints, mostly when linked to lip procedures where patients have complained of uneven results, lumps, pain, swelling and infection. Currently there is no regulation around dermal fillers and therefore they can be administered without medical training and products can be purchased online by practitioners.

The UK is one of few countries which does not have a compulsory regulation system for workers within the industry. It is in the hands of the beautician to provide clients with satisfactory care, such as providing clients with patch tests before applying chemical products to either hair or the body in case of bad reactions which are classed as negligence. Safety standards may vary across the industry from technician to technician and clients are more often than not mislead by advertisements which promise impeccable results or salons which disguise unsafe practices. If beauty procedures were to go wrong, they can often result in pain, embarrassment, physical discomfort and psychological impacts.

In order for a claim of this kind to succeed, the client must be able to show that the beautician owed them a duty of care, that they breached that duty of care and that they have suffered injury and loss as a consequence of this. Standards of the beauty treatments must be reasonable and in line with those applied by other therapists in the industry. It may prove difficult in some cases to prove that the beautician was at fault especially when the beautician has correctly carried out the procedure and has taken reasonable care but where an accident occurred which was outside of their control. That said however, the UK has seen an increase in claims resulting from ‘botched’ procedures and our advice to anybody who has suffered this is to seek legal advice immediately.

If you have a case which you would like to discuss in further detail, contact our team of specialist Medical Negligence Solicitors for an expert opinion. Call 01754 897150 or visit www.hodgkinsons.co.uk/medical-negligence for more information about our services.