Over recent years, cosmetic Botox injections have become more affordable and more accessible. As Botox is applied to the face with a needle, there are obviously some associated risks with the treatment and problems can occur. However, if you’ve been injured or made ill following a botched Botox treatment because the practitioner was negligent, you could be eligible to make a Botox compensation claim.
In this article, we’ll show you when a Botox compensation claim might be possible and the types of negligence that could mean you’re eligible to claim. We’ll also look at how much compensation for injuries caused by Botox could be awarded.
To find out more about Botox injury compensation claims, please read on. Alternatively, to talk with a specialist right away, please call 0800 652 1345 today.
What are Botox injections for?
Botox (or Botulinum Toxin) is a neurotoxin that causes muscle weakening and affects nerves. It can be injected for medical reasons such as to prevent eye twitching but this guide will concentrate on its use as a cosmetic product.
When Botox is injected, it blocks signals between the nerves and facial muscles. As a result, the face can appear to be smoother because the muscles can’t tense up and cause creases, wrinkles and fine lines. The procedure is temporary (usually lasting for a few months at a time). Botox injections can be used to smooth out lines in many areas including the nose, jawline, chin, lips, eyebrows, forehead and around the eyes.
Are cosmetic Botox treatments regulated in the UK?
Although local authorities might have their own licensing rules for clinics offering beauty treatments, at the time of writing, anybody can offer cosmetic Botox injections without being qualified or registered to do so. However, the NHS advises that you should always look to use a medical practitioner who is on a register and has received formal training.
The Health and Care Act 2022 allows the government to introduce regulations for non-surgical cosmetic procedures such as dermal fillers and Botox injections. Currently, though, no date has been set for a consultation into this by the government.
Can I claim compensation for a botched Botox treatment?
You could be entitled to compensation following a botched Botox treatment. To check whether you’d qualify, a solicitor on our panel will check whether:
- The clinic or practitioner owed you a duty of care; and
- They treated you negligently when applying Botox; and
- And you’ve suffered physically, emotionally or financially as a result.
As you can imagine, proving how a beauty technician’s negligence caused you to suffer can be quite tricky. We believe you’ll have a better chance of winning your claim by having a specialist solicitor on your side. As part of your consultation, they’ll verify that a duty of care existed so you needn’t worry too much about that before you call.
You can help with the Botox compensation claims process though by providing proof to support your case. This is something we’ll look at a little later on.
If you have suffered because of negligence when receiving Botox for medical reasons, the claims process is slightly different. A medical negligence solicitor on our panel could still help you to file a claim though so please do get in touch.
I signed a waiver before a Botox injection can I still claim compensation?
When you visit a beauty clinic for a Botox treatment, typically you’ll be asked to sign a consent form or waiver. This should explain that you’re happy that you know what procedure you’re having and any associated risks.
However, even if you signed a waiver, you could be entitled to compensation for Botox injuries caused by negligence. That’s because the form does not indemnify the practitioner in any way if they made a mistake before, during or after your procedure.
We’ll explain what types of negligence could allow you to make a Botox compensation claim shortly.
What are the risks and side effects of Botox injections?
Generally, when performed correctly by a competent practitioner, Botox injections are safe. Most customers are happy with the outcome of their injection and don’t see any major side effects.
In some cases, minor side effects like bruising are seen at the site of the injection which is to be expected. Some other risk factors or side effects of Botox injections include:
- Eye drooping.
- Breathing difficulties (if Botox is injected into the neck).
- Allergic reactions.
- Fatigue and flu-like symptoms.
- Nerve damage.
As mentioned above, if you have suffered following a Botox injection, you can only claim compensation if the practitioner was negligent in some way. If you suffer from a known side effect without any mistake having been made, a compensation claim might not be possible.
We’ll look at why you might be able to claim compensation when Botox goes wrong, next.
What forms of negligence can lead to a Botox compensation claim?
Even though Botox injections can be applied by unregulated beauty salons, you should still expect a certain standard of treatment. If that level drops and a mistake happens, as a result, you could be entitled to compensation for your suffering. Some examples of negligence that could lead to a Botox compensation claim include:
- If you were not told about the risks involved before you were treated.
- Your Botox injection was applied to the wrong site.
- More Botox was injected than was required.
- You sustained unnecessary scars because of negligence.
- The practitioner was dishonest about their level of training.
- Poor aftercare advice was offered or it was not clear and this led to an infection or scarring.
These are just a few examples of negligence that could lead to a Botox compensation claim. If you have suffered for another reason and would like to check if you have a valid claim, please call our free advice centre.
How much compensation for a botched Botox treatment can I claim?
When a compensation claim for a botched Botox treatment is made, unfortunately, we can’t simply choose the settlement amount we’d like to be awarded. Instead, the claim will need to be based on any physical, emotional or financial problems you’ve suffered. In general, you could be entitled to compensation for:
- The cost of private medical treatment if it will help you to recover sooner.
- Any pain you endured at the time of your Botox treatment or afterwards.
- Any embarrassment, anxiety or distress your injuries caused.
- Loss of amenity i.e. how your hobbies, social life or family activities were affected.
- Loss of earnings if you couldn’t work while injured.
- Care costs if you needed support while you recovered from your injuries.
- Travel expenses such as fuel costs for medical appointments.
When making a Botox compensation claim, the severity of your injuries will need to be determined. For this reason, as part of the claims process, an independent medical assessment will be booked for you. Usually, this is arranged locally and during your appointment, a medical expert will examine your injuries. They’ll also discuss how you suffered following your Botox treatment and they’ll review your medical notes too.
The report from the meeting will be used by your solicitor to work out how much compensation you might be entitled to claim.
Providing proof for a Botox compensation claim
If you’ve been injured or made ill following Botox treatment, there are several steps we’d suggest you take as soon as possible. As well as helping you to get any injuries treated, they could provide important proof to support a subsequent Botox compensation claim. They are:
- Visit a doctor. It is important to have any injuries treated by a medical professional. If you seek treatment from a GP or at a minor injuries unit, your medical notes could be obtained to support the claim.
- Take pictures of your injuries. For comparison purposes, it’s a good idea to take pictures of your face after treatment. These can be sent to your solicitor with older photographs to show what went wrong.
- Write a statement. While everything is still fresh in your mind, write down what happened, what was said and the names of anybody involved.
- Supply witness information. Your solicitor might ask friends or family to confirm how you’ve been affected by the botched Botox treatment so check with them that they’re happy to be witnesses. Similarly, if anybody was with you during your consultation or treatment, provide their contact details too.
- Retain receipts. To help you to claim back any expenses you’ve incurred because of your injuries, keep hold of any receipts, wage slips or bank statements.
- Keep any correspondence. If you have any emails or text messages about your Botox treatment, collate them and keep them safe. Additionally, if you complained in writing about the outcome of the treatment, keep hold of any responses.
As part of our free consultation, we’ll consider any proof you’ve secured so far so please (if you can) have it to hand when you call.
Botox compensation claims time limits
You may already know that there is a time limit for cosmetic injury claims in the UK. Generally, this is 3-years from the date you were injured. However, if your symptoms weren’t immediately obvious, the time limit will begin from your date of knowledge.
Our experience tells us that it’s easier to secure proof to support a compensation claim the sooner you begin the process. Also, by starting early, the clinic may be asked to pay an interim payment to help you with any immediate financial problems linked to your injuries.
Botox compensation claims can be settled in as little as 6 to 9 months if the beauty salon accepts liability for your injuries. If they don’t or extra medical investigation is needed into the extent of your suffering, the claims process can take longer.
No Win, No Fee Botox compensation claims
You should not let the cost of having legal representation for your claim put you off. That’s because the solicitors on our panel always work on a No Win, No Fee basis for any Botox compensation claim they accept.
Your solicitor will manage all communication with the defendant’s insurance company so that you don’t need to answer any complex medical or legal questions. They’ll fight your corner throughout and provide extra proof if possible to counter any objections raised. They’ll also discuss any settlement offers with you and advise you on whether they consider them fair or not.
You also won’t have to pay for your solicitor’s work if the claim fails. If your claim is won though and compensation is paid out, a success fee of up to 25% of the settlement amount will be deducted to cover your solicitor’s time and expenses.
Please get in touch to check if you could make a No Win, No Fee Botox compensation claim.
Start a Botox compensation claim today
If you believe you should be compensated for a Botox injury, please contact our claims advisors on 0800 652 1345 today to see if we can help. One of our advisors will answer any questions you have and explain your options after reviewing your claim for free.
If your claim is taken on, a solicitor on our panel will represent you on a No Win, No Fee basis.
If there is anything else you’d like to know about Botox compensation claims, please use our free live chat service to contact us.