Botox injury compensation claims
This article looks at what you need to know about making a successful botox injury compensation claim.
One of the most popular non-surgical cosmetic treatments, Botox injections are given to thousands of people in the UK every year to help them achieve tighter, wrinkle-free skin.
But as with any cosmetic procedure, there are risks.
Botox is a drug made from a neurotoxin produced by the bacterium Clostridium botulinum called botulinum toxin. It is used in tiny concentrations medically to treat excessive sweating, chronic migraine, cerebral palsy, incontinence, squinting, rapid blinking and muscle spasms.
Cosmetically it is used to reduce the appearance of facial wrinkles and fine lines in adults by helping to relax facial muscles.
I have a strong claim - why won't a solicitor take it on?
Botox is a prescription-only medicine that should only be given by an appropriately trained doctor, pharmacist, dentist or registered nurse in a clinical environment. The injections should not be carried out by beauty therapists who lack the necessary clinical background.
Treatments should be carried out in a clean, safe and appropriate clinical environment to avoid infection and possible permanent physical damage. They should not be carried out in a home setting or, for example, in a nail bar or tattoo parlour.
During the procedure, skin is cleaned and small amounts of Botox are injected into the area to be treated. Several injections are usually needed at different sites.
It usually takes three to five days for the effects to be visible and up to two weeks for the full effect to be realised. The results generally last for about three to four months.
Botox should never be used in pregnant or lactating women, or by people who have had a previous allergic reaction to the drug or any of its ingredients.
Although Botox injections are generally safe, a person may experience flu-like symptoms for the first 24 hours following treatment, and there may be bruising at the injection site.
Sometimes the facial features may droop and be weak. This is usually temporary and should improve as the effects of the treatment wear off, but may be very distressing.
In rarer cases serious problems may develop that require immediate medical attention. These include blurred or double vision (where the eye area has been injected) or breathing difficulties (if the neck has been injected).
Other problems may include:
- Allergic reactions
- Loss of speech
- Loss of facial movement
Although legally only regulated doctors, dentists, pharmacists and registered nurses are appropriately qualified to give Botox injections, the popularity of non-surgical procedures may have led to opportunities for bad practice.
It is vital that the person holding the needle is a fully qualified doctor, dentist or registered nurse - not someone with an unusual title such as Advanced Aesthetic Therapist. They must be fully trained in the specific procedure and also able to deal with any subsequent adverse reaction.
If Botox treatment has gone wrong through a negligent procedure then a claimant may be entitled to claim for compensation.
There does not need to be a mistake in the way the treatment was performed for a claimant to bring a claim.
If the clinic made representations about the likely result of treatment, which fall short of that expectation, then she may also claim for compensation for the emotional distress and unhappiness.
Fortunately, most injuries arising from carelessly performed Botox injections are temporary and the symptoms and problems eventually clear up.
No Win, No Fee agreements, called CFAs or Conditional Fee Agreements, are the foundation of most claims for injury compensation.
The agreement details the work delivered by your solicitor and a percentage-based "success fee" that will be deducted from the compensation if they win the claim.
Working with a Quittance personal injury solicitor, you are able to prioritise your recovery, knowing that you will never be out of pocket and there will be nothing whatsoever to pay if your claim is not successful.
The amount of compensation you will receive depends on a number of factors. Our cosmetic surgery compensation calculator provides an accurate estimate of your likely compensation.
The national panel of Quittance solicitors carry out the legal work for all types of medical negligence claim, from short-term injury cases to catastrophic injury. Our lawyers are selected on the basis of their success rate in winning claims and their level of specialist experience.