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Can vanity lead to a medical negligence claim?

Cosmetic surgery has become big business in the UK. A Mintel survey estimated that around one million injectable cosmetic treatments are carried out each year. However, the unacceptable face of plastic surgery has also made the headlines and the cosmetic surgery industry has responded accordingly.

Mintel’s findings have prompted a backlash from professionals against the so-called ‘Botox cowboys’. Because of the risks involved, only doctors, dentists and surgeons should administer injections. However, the Independent Health Advisory Service (IHAS) has found that there are dozens of companies in the UK with no medical background offering courses for those who want to be able to administer injectable treatments. Unfortunately, according to the report, these training courses are grossly insufficient. Those who want to take up the offer pay a fee of around £350 for half a day’s training that fails to cover some of the most rudimentary requirements such as an awareness of facial anatomy and knowing at what temperature injectable materials should be stored at.

Complications from cosmetic injections

According to the IHAS study, around 20 people a year are suffering complications as a direct result of cosmetic injection. Injuries can range from drooping eyelids to the coagulation of incorrectly administered Botox forming profound lumps under the skin. While some of these cases are high profile, especially where celebrities are concerned, many go undocumented and leave victims wondering just what their legal rights are.

The IHAS has found three main areas for concern: infection, poorly trained practitioners administering fillers into the wrong place and the potential for an allergic reaction. Dr Vallance-Owen, surgeon and chair of the IHAS injectables working group said: “People who aren't properly trained are dangerous, potentially. Patients are very much at risk when they go to people who aren't properly clinically trained in this sort of injecting work.”

In response to this urgent situation, IHAS have created a register on which reputable practitioners can advertise their services. Treatmentyoucantrust.com offers a quality assurance mark for those looking to undergo cosmetic treatment. However, the British Association of Aesthetic Plastic Surgeons (BAAPS) believes that stronger measures should be taken. Nigel Mercer, president of BAAPS says that; “the risks involved meant there should be legal regulation of the sector, with the Care Quality Commission, the NHS watchdog in England, ensuring public safety.” The site is government endorsed and has been funded with £200,000 from the NHS, but this sum buys it no legal powers.

Rogue traders

It seems that, while the IHAS website will allow consumers to choose from a list of trusted providers, the lack of legal backup will allow ‘rogue’ practitioners to continue administering sub-standard treatment. While this is still possible, the risks for those looking to augment their appearances are still high. However, more than 150 businesses have already registered on the site, giving consumers a better idea of who to trust. Unfortunately, rogue practitioners often target those for whom cosmetic surgery might otherwise be unattainable, offering treatments at low prices. Where cosmetic surgery is concerned, it seems that what you get is what you pay for. Those looking to undergo cosmetic treatment would be well advised to conduct a little research of their own before risking sub-standard surgery that cannot be reversed and having to go through the additional trauma of pursuing a clinical negligence compensation claim that could drag on for years.

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