With reality television often promoting “perfect” bodies, and the increased use of social media platforms, more people in the UK are using products and procedures to improve their appearance. The UK Government estimated the health and beauty industry was worth £26.7 billion in 2022!

Cosmetic procedures have two classifications:

(1) Surgical, such as Rhinoplasty, Breast Augmentation, liposuction, a tummy tuck, a hair transplant, or dental implants often known as “Turkey teeth”.

(2) Non-surgical like Botox, laser hair removal, lip fillers, microdermabraison, and skin peels.

But what happens if you are injured as a result of a private treatment in the UK or abroad? You may have a claim for compensation for your injuries.

You could bring a claim in Tort on the grounds of the practitioner’s negligence. To succeed you must prove the treatment practitioner owed you a duty of care, they breached that duty (so were negligent in how the treatment or its effects were advertised/explained/provided including aftercare, or any lack thereof), and you suffered physical or psychological injury as a result. Generally you will have three years from the date of treatment to bring a claim if treatment occurred in the UK (if it was abroad you may have a different timescale to claim). Seeking early advice is always sensible to maximise the evidence available, and to ensure you do not run out of time to pursue a claim. We also recommend you keep a copy of any paperwork between you and the clinic or practitioner, including any contract, consent form or injury discussions. Photographs and medical documents are helpful as proof of injury.

You may be able to claim using Contract Law, including the following:

• The Consumer Rights Act 2015 includes implied terms which are “conditions” of a contract. They include the implied right a product will be as described, of satisfactory quality, and fit for purpose, such as skin care sold to you after a treatment. There are also implied rights that a service must be carried out with reasonable care, such as fitting suitable size breast implants for a persons frame.

• S75 of the Consumer Credit Act 1974 can only be used if you have paid for a product or treatment undergone in the UK or abroad using a UK Credit Credit. The whole treatment cost must be more than £100 but less than £30,000.00. S75 still applies even if you have only partially paid, such as a deposit or part of the treatment cost as long as the total cost would fall within that range. You can bring a claim against the Credit Card company who will be deemed joint and severally liable for your injuries.

If you have been injured as a result of a cosmetic product or procedure, whether in the UK or abroad, please contact our personal injury team. We will be happy to assess your claim prospects and to advise if we can assist. If we can, we will consider the most suitable claim type, so whether it would be a personal injury or clinical negligence matter. We will explain the funding options and advise upon the claims process so you can make an informed decision upon whether to proceed.