A Guide to Claiming Dermabrasion Injury Compensation
If your life, or the life of a loved one, has been affected by a dermabrasion injury we can help.
The purpose of this guide is to help anyone who has suffered a dermabrasion injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Dermabrasion is a medical procedure in which the upper layer of a person's skin is removed using equipment which abrades the skin, such as a rotating wire brush or a rough-edged diamond wheel.
The procedure is invasive and is normally performed under local anaesthetic by a qualified medical practitioner.
Dermabrasion is used to remove, or reduce the appearance of, skin imperfections including acne scars, sun damage, tattoos, age spots and uneven skin tone resulting from scars or birthmarks.
Dermabrasion should not be confused with microdermabrasion, a much less aggressive procedure which is often performed at beauty salons by staff who are not medically trained.
A patient's skin will usually be red and somewhat raw in appearance following dermabrasion. Depending on the depth to which the skin has been removed, it can take anywhere from around 7 to 30 days for the skin to heal.
It can, however, take several months before the redness of treated skin f
Do I have a dermabrasion injury claim?
Medical negligence claims differ from personal injury claims as the following will need to be established:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").
Breach of Duty
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.
Get an impartial opinion
To get impartial advice on whether you have a claim, speak to a dermabrasion injury claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Is compensation always payable?
If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".
Not all treatment that results in an undesirable outcome will result in the payment of compensation.
Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.
How long do I have to start a claim?
If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.
It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.
What if your injury was diagnosed months or years after treatment?
You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.
The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).
It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.
Inherent risks and negligence
Like all surgical procedures, dermabrasion is not risk-free.
There are a number of inherent risks to the procedure, which include scarring, infection and sensitivity of the treated skin to sunlight. It is extremely difficult for a person to claim compensation for an injury or ailment which is an inherent risk of the treatment rather than having been caused by negligence.
A patient who has sustained injury because of a doctor's negligence will, however, usually be able to make a claim for compensation.
A doctor owes a duty of care to his or her patients. That means that a doctor is required to meet certain professional standards of care and competence when treating a patient. A doctor is negligent if he or she fails to meet the required professional standards.
A doctor may be negligent if, for example, he or she removes too much of a patient's skin when performing dermabrasion.
How can I tell if my injury was caused by negligence?
It can be very difficult for people who are not medically qualified to assess whether an injury or ailment has been caused by negligence or is simply a normal, inherent risk of dermabrasion.
An opinion from an independent medical specialist is the best way of establishing whether or not an injury or infection has been caused by negligence.
It is a good idea for anyone who feels that they may have suffered injury because of negligently performed dermabrasion to take high quality photographs of the injured or affected area.
High quality photographs can assist a medical specialist (who may not see the injury until later) to assess the cause of the injury.
The amount of money you could claim for your dermabrasion injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your dermabrasion injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a dermabrasion injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a dermabrasion injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a dermabrasion injury will depend entirely on your specific circumstances.
Your dermabrasion injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a dermabrasion injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Dermabrasion injury compensation
Calculating how much compensation you can claim for a dermabrasion injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your dermabrasion injury claim could be worth now:
How long does a dermabrasion injury claim take?
The length of time needed to secure compensation for a dermabrasion injury can vary considerably.
For instance, a simple uncontested medical negligence claim could be settled in 12 to 24 months. However, if liability is denied a compensation claim can take considerably longer. Normally a cosmetic negligence claim will take 12 to 24 months. For more information, see:How long will my claim take?
Will I still be able to claim for a dermabrasion injury after the law changes in April 2021?
The law relating to personal injury claims is changing in April 2021.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your dermabrasion injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee - the facts
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a dermabrasion injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee guarantee
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your dermabrasion injury.
What do I pay if I win my dermabrasion injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my dermabrasion injury claim?
If your dermabrasion injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Dermabrasion injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert