A beauty salon customer left with facial skin depigmentation and dimpling after a seemingly ‘very safe and non-invasive’ treatment has been awarded nearly $25,000 and costs in a recent case brought before the state’s District Court. How was this medical negligence claim resolved?
The plaintiff attended a beauty salon in Sydney, NSW to receive a cosmetic facial treatment procedure described as ‘skin lifting by ultrasound technology’, designed to reduce wrinkles and improve brightness. The procedure begins with a numbing cream applied to the face and then consists of low-level heat energy from an ultrasound device bathing the face.
As a consequence, the plaintiff suffered skin burning, blistering and lumpiness, as well as depigmentation. This caused her distress and embarrassment, which led to her claim for compensation. This is because she claimed that she had not been appropriately informed of the nature and extent of the risks associated with that treatment.
The procedure was performed by a trained employee to reduce the risk of complications. The defendant claims the risks arising from the treatment were inherent, and that the ultrasound process explained to the plaintiff beforehand.
The Court had to make decisions on a number of issues in this case, including:
Following deliberation, the Court found:
As such, the plaintiff was awarded damages for the adverse physical and cosmetic consequences of the beauty treatment, as well as out-of-pocket expenses for purchasing make up to hide the depigmentation on parts of her face.
To start a medical negligence claim of your own, contact Gerard Malouf & Partners today.