Body piercing injury compensation claims

Updated: October 8, 2018

Introduction

A recent study by the British Medical Journal (BMJ) found that one in 10 people had a body piercing other than in the earlobe.

The study found that piercings are most popular with 16-24 year old females, with 46% of them claiming to have a piercing. 31% of these respondents reported complications - including swelling, infection and bleeding. Half of those required medical attention, and 1 in 100 respondents were admitted to hospital.

While the procedure is generally safe when conducted by a trained professional with the correct equipment, individuals considering a piercing should be aware that risks remain. Even where the procedure is performed in a specialist clinic subsequent injury or illness is a possible outcome.

Under such circumstances, it may be possible to make a personal injury claim against the party responsible, and may be referred to as an occupiers' liability claim.

Ear piercing
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Do I have a body piercing injury claim?

If you have suffered a body piercing injury in the last three years and someone else was to blame, then we can help you make a compensation claim.

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What are the risks?

The main risk associated with all body piercings is bacterial infection, although the level of risk varies according to which part of the body has been pierced.

Nose piercing injury claims

Nose piercings pose a greater risk of infection than earlobe piercings as the inner surface of the nose cannot be easily disinfected. However, despite the high number of bacteria inside the mouth, tongue piercings carry a smaller risk of bacterial infection.

Ear cartilage piercing claims

Ear cartilage piercings (at the top of the ear) are riskier than earlobe piercings.

Because the skin is close to the underlying cartilage pus can become trapped, leading to infection and development of an abscess. Antibiotics do not always successfully treat this problem and surgery may be needed to remove the affected cartilage. This may lead to a deformed ear and scarring.

Abscesses may need to be surgically drained causing scarring. In some cases, blood poisoning (sepsis) may develop; or toxic shock syndrome, which can be very serious. Blood poisoning can also occur without an abscess.

Other possible problems that can occur as a result of body piercing are:

  • Bleeding and blood loss - especially in areas rich in blood vessels, such as the tongue.
  • Swelling of the skin around the piercing.
  • Scarring and the formation of keloid (a type of oversized scar).

Other parts of the body

Piercings that interfere with the functions of the body carry higher risks of causing problems. For example:

Tongue (oral) piercings can cause speech impediments and chipped teeth if the jewellery wears away tooth enamel. There is also a risk that if the tongue swells, airways will be blocked. Genital piercings can sometimes make sex and urination difficult and painful.

Although the risk of contracting blood borne viruses such as hepatitis or HIV is now low, due to registered piercing premises using disposable sterile needles and other equipment, in countries where hygiene standards are less restrictive there is a risk from dirty needles.

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Other medical Issues

Medical problems may result if a customer has an allergic reaction to the metals used in body ornaments.

In the case of mouth piercings this can cause respiratory, dental and speech problems.

Nerves, blood vessels and arteries may also be damaged if the professional carrying out the procedure misdirects their needle or piercing gun by even a fraction of an inch.

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Current legislation

Although over the years a variety of legislation has been introduced to encourage and support safe practice, and model by-laws have been made available, these have not been accompanied by standard requirements for compliance.

Local or regional guidelines have been developed, often initiated by environmental health or health protection specialists; however, there have been difficulties in engaging practitioners in the development of such guidelines and in securing adoption and wider implementation.

With no nationally recognised or accredited training courses, standards for practice, agreed knowledge and skills frameworks or arrangements for monitoring and reporting of professional competence, it is easy for poor practices to be adopted.

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Are there any legal requirements for body piercing practitioners?

Under the Health & Safety at Work etc. Act 1974 all employers and self-employed persons have a general duty of care to ensure their activities do not expose them or the general public to risks to their health or safety. This includes those engaged in body piercing activities for gain or reward.

The Management of Health and Safety at Work Regulations 1999 require all employers and self-employed persons to undertake a risk assessment of their activities and to either remove the risk or provide control measures to reduce it as far as possible. They must also provide training to staff to ensure they understand the risks and the control measures.

In relation to body piercing, one of the risks that must be considered is that of possible complications relating to the procedure of skin piercing (for example: infection, scarring, teeth damage).

Informed consent

The practitioner must ensure that a fully ?informed consent' procedure is adopted. This means gathering information from the client about their health and suitability for the treatment, and giving the client enough information about the possible complications that could arise from the treatment for them to make their own decision.

"Failure to advise" is a factor in many clinical negligence claims, particularly surgical negligence claims, but will also be a factor in piercing and tattoo injury claims.

A Claimant who has sustained injury and illness as a result of a body piercing may be entitled to claim for compensation if the illness is a result of the body piercing salon's negligent practice.

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Guaranteed No Win, No Fee - Pay nothing if you lose your claim

Typically a no win no fee contract (more correctly referred to as a Conditional Fee Agreement) is entered into between the claimant and a personal injury solicitor.

A CFA is in essence the terms and conditions under which the solicitor works for the client.

The contract sets out what the lawyers will do and how he or she is paid if your legal case is ultimately successful.

If you choose a Quittance solicitor for your body piercing compensation claim there are absolutely no extra charges , nothing to pay up-front and the peace of mind that you wont be out of pocket.

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How much compensation can I claim for a body piercing injury?

The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.

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Meet the team

Quittance's national network of solicitors handle all types of clinical negligence claims and have a wealth of experience in fast track, complex and serious injury claims. Our lawyers are chosen for their years of specialist experience and their track record in recovering compensation.

Click here to meet more of the Quittance Legal Services team.

Kevin Walker Serious Injury Panel Solicitor
Carol Cook Clinical Negligence Panel Solicitor
Lee Raynor Clinical Negligence Panel Solicitor
Jenny Jones, Senior litigator

About the author

With over 20 years' experience in the law, Jenny has spent the last decade specialising in personal injury, with a particular focus on industrial disease cases.

Read more about this Quittance Legal Expert

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