Millions of people worldwide undergo cosmetic procedures every year. As interest in procedures such as Botox injections and chemical skin peels increases, so does the potential for injuries. Remember, even minimally invasive cosmetic treatments are still considered medical procedures. When you entrust a professional to administer a procedure effectively and something goes wrong, you could have a cosmetic injury claim against the provider.
If you have injuries from a botched aesthetic procedure in British Columbia, an experienced lawyer from Warnett Hallen LLP can review your case and help you find answers about why the treatment didn’t have the expected results. We understand the physical and emotional distress that results from a cosmetic injury. We’re here to right those wrongs.
Contact our Vancouver law firm today to schedule a free consultation and learn your legal options.
What Is Considered a Cosmetic Injury?
Cosmetic injuries result from improperly or negligently administered cosmetic procedures. Dermal fillers, Botox, contouring, microdermabrasion, and laser hair removal often involve the face and other sensitive areas of the body. Substandard treatments can create painful and visible injuries that sometimes require expensive plastic surgery to repair.
Common examples of cosmetic injuries include:
- Redness and irritation
- Scarring and disfigurement
- Skin necrosis
- Hematoma and bruising
- Anesthesia complications
- Granulomas and seromas (fluid buildup)
- Nerve damage and paralysis
- Vision loss
- Infections
Typically, complications from poorly performed cosmetic procedures appear within days or weeks of the treatment.
How a Cosmetic Injury Lawyer Can Determine If You Have a Valid Claim
You could be entitled to take legal action for a cosmetic injury if your injuries were the result of negligence on the part of the medical professional. A practitioner is negligent when they fail to abide by reasonable standards of their profession and cause an injury. Your lawyer can examine the facts of the case to see if medical malpractice led to your cosmetic injury and what the legal implications may be.
Your lawyer can also investigate whether the person who performed your procedure was legally allowed to do so. In British Columbia, only certain providers are authorized to perform treatments like Botox and injectables, including:
- Doctors licensed by the College of Surgeons and Physicians of British Columbia
- Members of regulated health professions, such as dentists, naturopaths, and chiropractors
- A nurse or licensed practical nurse, with a doctor’s approval
Aestheticians are not allowed to perform any kind of injectable service in BC.
A key aspect of proving negligence is showing that the negligent provider violated accepted standards of care for their profession. Expert testimony and opinion can be powerful evidence in cases of this nature. Expert testimony from a similarly trained expert can shed light on whether the negligent professional deviated from protocols and standards for cosmetic medical treatment.
Other evidence a lawyer can rely on to prove the validity of your cosmetic procedure claim includes:
- Medical documentation linking your injuries to the cosmetic procedure
- Photographs of injuries and side effects
- Correspondence with cosmetic professionals
- Lack of informed consent forms
Keep in mind that you don’t necessarily have a cosmetic injury claim because you are unhappy with the outcome. Poor results can happen under the best circumstances, even when performed by well-qualified providers. It also doesn’t matter whether the treatment was an elective procedure or medically necessary. If malpractice occurred, a skilled and compassionate lawyer can help you identify whether you have a case.
Key Steps to File a Cosmetic Injury Claim
If you suspect that you suffered a cosmetic injury due to malpractice, it’s crucial to document as much as possible. The more evidence you have of your injuries and the procedure, the stronger your case becomes.
Follow these tips to build a solid cosmetic injury case:
- Seek a second opinion about your medical condition and its connection to the treatment you received. Testimony from a relevant expert will form a key plank of your claim.
- Obtain copies of all relevant information related to the procedure, including medical records, intake forms, consent forms, outpatient records, receipts, and service agreements.
- Document all communications between you, the cosmetic professional, and any staff at the facility. That includes the dates of phone calls, information in your patient portal, and emails.
- Avoid discussing the injury or criticizing the practice on social media.
- Contact a Vancouver cosmetic procedure malpractice lawyer to discuss your next steps.
You only have two years to file a personal injury claim for malpractice in British Columbia, so it’s essential to act promptly.
What Happens After You File
Once you file a malpractice insurance claim, the provider’s insurance company will begin an investigation. Your lawyer will perform a parallel investigation to gather evidence in case there are disputes over the sequence of events and the cost of your injury.
Injury victims in BC can generally seek compensation for losses like:
- Medical bills
- Lost wages
- Reduced quality of life
- Disfigurement
After investigating, the insurance company could make a settlement offer — or dismiss it entirely. Any initial settlement offer will likely be too low. Your lawyer can negotiate to pursue a more favorable outcome. This negotiation process will continue until the parties reach an agreement. If no agreement is reached, you can escalate the case to trial by filing a personal injury lawsuit.
How a Vancouver Personal Injury Lawyer Can Help You
Both Health Canada and provincial laws regulate various aspects of the cosmetic procedure industry. For example, Health Canada is responsible for approving cosmetic medical devices and products, but BC law governs safety standards, professional licensing, and malpractice claims related to cosmetic injuries. At Warnett Hallen LLP, our experienced personal injury lawyers are familiar with how these regulations interact and overlap. Why does this matter? Consider this example:
Let’s say your doctor used a Health Canada–approved product for a cosmetic treatment but applied it off-label — meaning it wasn’t approved for that specific use — and you suffered an injury as a result.
In this situation, the evidence may show the provider breached the standard of care expected in their profession. A Vancouver lawyer familiar with cosmetic injury claims and health regulations can assess whether the provider’s actions were negligent and work to establish how they fell short of accepted medical practice.
More generally, our personal injury lawyers can assist with the administrative aspects of filing a claim, including calculating the value of your losses, gathering evidence, negotiating with the insurance company, and preparing for trial.
Contact a British Columbia Cosmetic Surgery Malpractice Lawyer Today
At Warnett Hallen LLP, we prioritize the aggressive pursuit of compensation and justice for injured people, but we don’t sacrifice compassion and care along the way.
Call or contact us today to arrange a free consultation.
