Botox and other cosmetic procedures are more popular today than they ever have been. Unfortunately, from time to time there are issues with Botox treatment which can lead to an array of medical complications. If you have suffered an injury from a Botox treatment and it was due to negligence you could have a case for claiming Botox injury compensation.
Before we take a look at how to claim compensation for Botox injuries it is worth noting that, assuming the Botox procedure was carried out correctly, it is unlikely you could claim compensation simply because you don’t like the final outcome.
Common Botox Injury Claims
Before we look at the more common Botox related injury claims it is worth noting that in the UK this is a prescription only medicine and therefore it should only be administered by qualified professionals such as doctors, dentists, registered nurses and pharmacists. There is also a general misconception that Botox can be administered in any traditional beauty parlour when in reality it should only be administered in a safe surgically clean environment.
Some of the more common injury claims associated with Botox include:
- Frozen facial muscles;
- Excessive swelling;
- Allergic reactions;
- Permanent disfigurement;
- Loss of speech;
- Blurred vision;
- Breathing difficulties;
- Temporary drooping of some facial muscles.
In some cases patients may experience flu like symptoms and a degree of discomfort but on the whole these are relatively short lived. It is also worth noting that it can take between three and five days for Botox treatment to become visible and anything up to 2 weeks before the full benefits are felt. It is not a quick fix same day beauty treatment, contrary to popular belief.
It is the obligation of the practitioner administering the Botox in Botox clinics or other establishments to make customers aware of potential side-effects and explain exactly what will happen. The treatment should never be administered to pregnant or lactating women or individuals who have in the past encountered an allergic reaction to Botox or any of its ingredients. While the practitioner has a legal obligation to obtain sufficient background to ensure safe administration of Botox it is also the customer’s responsibility to alert the practitioner to potential issues.
While we have seen a tightening of regulations regarding general cosmetic procedures, the specific regulations covering the administration of Botox have helped to reduce the number of Botox injury claims.
Botox Injury Compensation
As the majority of Botox treatment is administered in and around the face area the large majority of Botox injury claims tend to revolve around compensation for facial injuries although allergic reactions and potential paralysis can and do occur.
Compensation Amounts For Facial Disfigurement
- Scarring which is classed as trivial can attract compensation between £1,460 and £3,010.
- Relatively minor significant scarring can lead to compensation of £3,370 and £11,730.
- Significant scarring which may require plastic surgery, with relatively little psychological issues, will generally attract compensation of between £7,780 up to £25,670.
- Substantial facial disfigurement and psychological issues, referred to as less severe scarring, will attract compensation of between £15,320 up to £41,310.
- Very severe scarring leading to severe disfigurement and severe psychological issues, typically in those aged up to mid-30s, can lead to compensation awards of between £25,400 up to £83,050.
Compensation Amounts For Injuries Affecting The Senses
- Where vision is impaired due to a botched Botox treatment this can attract compensation from £1,880 for relatively minor injuries up to £46,780.
- In the event of blindness caused by Botox treatment this can attract compensation up to £229,260.
It will obviously depend upon the area of the body in which the Botox treatment is injected but we have seen compensation claims for psychiatric and psychological damage. Our Botox compensation calculator below demonstrates various bodily injuries and their advised compensation settlement figures.
The above compensation figures relate to general damages which are in effect financial compensation for pain and suffering. There is also a second type of compensation known as special damages which relates to lost income and historic/future medical expenses. The cumulative impact of general damages and special damages can be extremely large in certain circumstances.
Proving Negligence In A Botox Injury Claim
Claiming compensation for a Botox injury is not always as straightforward as many other personal injury claims. In essence there are two different scenarios to consider, one of which is the failure of the company involved to deliver on specific promises from their Botox treatment. The second scenario covers blatant negligence with regards to the way in which the treatment was administered, possibly by unqualified personnel or in an inappropriate manner/ environment. This may also include a failure to explain potential side-effects and allergic reactions to customers and obtain relevant medical background prior to treatment.
In order to prove negligence in a Botox injury claim it would help greatly to have evidence of what was promised, the warnings you were given and the way in which the treatment was administered and by whom. While cosmetic related compensation claims might attract ridicule from some misinformed people, it is no different from any other business failing to deliver on their promises to a customer. Once you have gathered as much evidence as possible, including details of any additional treatment required, injuries received, witness statements and photographs where possible, you should contact a personal injury solicitor to begin your Botox injury claim.
Appointing A Personal Injury Solicitor
When discussing a potential Botox injury claim you should go through all the evidence you have available with the advisor or solicitor. In most consultations it doesn’t take very long to determine whether or not a claim should be pursued. If a solicitor advises starting a Botox injury claim with them they would almost certainly offer the claimant the No Win No Fee agreement, which in our case would mean you simply pay an agreed fee only once the claim has been settled in your favour, and nothing if the claim is unsuccessful.
In most situations once you have agreed with a solicitor to take on your Botox injury claim they will request an additional medical examination to confirm the extent of injuries received. Usually this can be carried out in your own local area and will help to determine the amount of Botox injury compensation that could be claimed for.