Have you suffered a Botox injury due to someone breaching the duty of care they owe to you? Whether the practitioner wasn’t properly trained to administer your Botox safely or neglected to follow health and safety guidelines, you could have grounds to make a Botox injury claim for any harm that you suffered from as a result.
Those who have been medically trained to administer Botox have a duty of care to their clients to deliver a standard of care that’s appropriate for the profession. If they provide a standard of care that’s below what’s reasonably expected and injury occurs, this could be an example of medical negligence.
In this guide, we’ll explain what this duty of care includes and how it could be breached. What’s more, we’ll discuss how you could be entitled to compensation for any subsequent damage you suffer and explain what evidence you’d need to make a claim.
So, if you’d like to learn more about Botox injury claims, please read on. Alternatively, why not speak to one of our specialist advisors today? They can give you a free assessment of your case and tell you whether you could have a valid claim. What’s more, they could connect you to a lawyer from our panel to handle your claim on a No Win No Fee basis.
- Call 0161 696 9685
- Use the live chat feature on your screen
- Complete a contact form to schedule a callback
Advice.co.uk can explain No Win No Fee services for compensation claims like this and connect you with free legal advice on how to proceed.
Select A Section
- A Guide On Making A Botox Injury Claim For Compensation
- Calculating Botox Injury Claims For Compensation
- How Do I Claim Special Damages?
- What Is A Botox Injury Claim?
- What Is Botox Treatment?
- Usage And Applications Of Botox
- What Are The Side Effects Of Botox Injections?
- Injuries Caused By Negligent Botox Injections
- Who Could I Make A Botox Injury Claim Against?
- Make A No Win No Fee Botox Injury Claim
- Talk To Our Team
- More Information
- Statistics On The Popularity Of Botox
- FAQs On Botox Injury Claims
If you’ve suffered a Botox injury due to third-party negligence, you could have grounds to make a compensation claim for any damage that you incurred as a result. It may be the case that the practitioner wasn’t properly trained to administer your Botox safely. Alternatively, they may have neglected to follow health and safety guidelines when treating you. If you can prove that the standard of care fell below an acceptable level, you could be entitled to compensation.
In this guide, we’ll explore how to make a Botox injury claim. We’ll begin with an overview of what Botox is and the potential risks that it carries. Next, we’ll explore some common side effects and injuries that could result from this procedure, including how you could be affected by them in wider contexts.
In addition, we’ll discuss how to establish whether you have grounds to make a valid claim and calculate how much compensation you could be entitled to. Finally, we’ll explain how to determine third-party liability and what steps you can take to make a botox negligence claim. To finish, we’ll discuss the benefits of representation on a No Win No Fee basis and give you some options on how to get in touch with us today.
If you have any questions in the meantime, please don’t hesitate to speak to one of our specialist advisors. There is a general three-year time limit on making a medical negligence claim, so it’s a good idea to get the process started sooner rather than later.
Otherwise, read on to find out more about making a claim following a Botox injury caused by negligence.
If you’ve suffered a Botox injury, there are a number of issues that could arise as a result. As part of a botox injury settlement, physical and psychological injuries, as well as financial losses, can be taken into consideration when claiming compensation.
Typically, there are two “heads of claim” that can be included in a claim for compensation; general damages and special damages. General damages aim to cover any physical and psychological injuries that you’ve suffered, whereas special damages aim to cover any financial losses that you’ve incurred.
Awards for your injuries will consider the extent of your suffering and the overall impact they have had on your quality of life, including the potential for any future problems. To help value general damages, you’ll usually be invited to a medical assessment with an independent professional.
The Judicial College Guidelines include a range of injuries of varying severities and suggested compensation brackets based on awards from past cases. We’ve included some examples below, which you could use to get an idea of how much you could be entitled to:
|Injuries suffered||Compensation bracket||Description of injury|
|Minor injuries||A few hundred pounds - £650||Complete recovery with 7 days|
|Minor injuries||£650 - £1,290||Complete recovery within 28 days|
|Minor injuries||£1,290-£2,300||Complete recovery within 3 months|
|Dermatitis and other skin conditions||£1,600-£3,710||Itching and irritation that starts to subside with treatment|
|Less Severe psychological injury||£1,440 to £5,500||The amount of this award will depend on how sleep and daily activities have been affected|
|Moderate psychological injury||£5,500 to £17,900||While there will have been an impact on relationships and their ability to work or cope, there will have been an improvement and the overall prognosis will be good|
|Post-Traumatic Stress Disorder (moderate)||£7,680 to £21,730||The injured person will have largely recovered with no grossly disabling continuing effects.|
|Less significant facial scarring||£3,710 to £12,900||Where there is one scar that can be concealed or a number of small scars that do not markedly affect the appearance.|
|Significant scarring||£8,550 to £28,240||Where the worst effects can be reduced by plastic surgery.|
|Very severe scarring||£27,940 to £91,350||Where young claimants suffer from scarring where the cosmetic effect is disfiguring and causes a severe psychological reaction.|
|Minor eye injuries with blurred vision||£3,710 to £8,200||Minor eye problems with some temporary interference with vision|
Please bear in mind that these compensation brackets are not guarantees but should simply be used as guidance. This way, a sense of consistency and fairness can be established from case to case.
You should also consider that your general damages will only compensate you for additional harm caused by the negligent treatment you experienced. For instance, you may have been likely to experience some swelling or bruising even if the procedure was performed correctly. If this is the case, you will only be compensated for additional pain and bruising caused by the negligence, and not the pain you experienced overall.
Special damages aim to cover any financial losses that you’ve incurred as a result of your Botox injuries. Depending on the severity of your suffering, you may have been forced to take time off work resulting in a loss of earnings. Similarly, you may have had to pay out of pocket for medical expenses or travel to and from doctor’s appointments.
By including how your Botox injuries have financially impacted you in your Botox injury claim, you could be able to recover these costs, with some other examples including:
- Loss of work benefits or impact on pension scheme
- Domestic help, such as a childminder
- Care, covering both professional care fees and gracious care from loved ones
- Private treatment not covered by the NHS
In order to prove these losses, you’ll need to retain evidence in the form of receipts, invoices and bank statements. Without these, it will be difficult for you to get the full value of your special damages back.
Read on for more information on what a Botox injury claim is and the kind of impact it could have on you. Alternatively, you can get in touch with our team today for more information on how to claim.
If the person administering your Botox breached their duty of care, there are a range of issues that could arise as a result. As part of a Botox negligence settlement, anything from physical and psychological injuries to financial losses can be accounted for in compensation.
There are various reasons why you may wish to make a Botox injury claim, such as:
- The practitioner performed the procedure without the proper training or experience, resulting in you being injured
- A counterfeit Botox was administered
- The practitioner injecting the Botox too deep into the face, or too superficially
- Too much Botox was administered
- Botox was injected into the wrong muscle
To learn more about the Botox treatment itself, please read on. Alternatively, speak to one of our advisors about your case today to see if you could have a valid claim.
Botox is an abbreviation of Botulinum toxin, which is a neurotoxin that is commonly injected into facial muscles to relax them. This prevents the formation of fine lines and wrinkles. The effects of this cosmetic procedure aren’t permanent and typically last between 3 and 4 months.
Before getting Botox, you should ensure that the procedure is suitable for you and consult with your GP. Botox is not recommended if you’re pregnant or breastfeeding and should be avoided in those who have an allergy to cow’s milk protein.
Next, when looking for a practitioner to carry out the procedure, you should ensure that they are qualified and experienced. There are some independent associations that set standards for training, insurance and competence amongst their members, as well as allowing you to search for a practitioner through their site; for example, the British Association of Cosmetic Nurses.
Muscles are able to contract when they receive signals from nerves. However, when Botox is injected into the tissue, it spreads to nerve endings and prevents these signals from being transmitted. As a result, muscles relax. When used cosmetically, the relaxation of these muscles will reduce wrinkles in the forehead and eye areas.
There are various applications of Botox that aren’t strictly for cosmetic reasons, however. In fact, Botox can be prescribed to treat a range of medical conditions, including:
- Chronic migraines
- Blepharospasm resulting in involuntary blinking or eye closure
- Hemifacial spasms resulting in spasms on one side of the face
- Muscle spasticity
- Hyperhidrosis resulting in excessive sweating
Whether you’re having Botox injections to treat a medical condition from the NHS, or you’re undergoing it as a cosmetic procedure, the person administering it has a duty of care towards you. This means that they have to provide a standard of care that is acceptable for the profession. If they have failed in providing this standard of care, resulting in you suffering injury or additional harm, then you may be owed compensation for your suffering.
In some cases, Botox can cause side effects. Some of these are minor, whereas others can be more serious. Some examples of these side effects include:
- Headache or flu-like symptoms within 24 hours of the procedure
- Bruising, swelling and irritation around the point of needle entry
- If too much Botox is injected, muscle movement could be limited resulting in a “frozen” look
- Eye injuries, such as blurred or double vision
- Breathing difficulties if the area around the neck is treated
- Muscle weakness, giving a ‘droopy’ effect to the face
- Loss of sensation in the treated area
If you experience any adverse effects after being administered Botox, you should contact the practitioner who performed the procedure. If symptoms persist, seek medical attention.
We’ve looked at some of the side effects Botox can lead you to suffer. If any of these injuries were the result of your practitioner’s negligence, you may consider making a Botox injury claim against them.
However, if you’re thinking about getting Botox, there are some steps you could take to help avoid this situation in the first place. Firstly, you can start by ensuring that the procedure is suitable for you. Botox is not recommended if you have any of the following conditions:
- Skin infection
- Ill health
- Neuromuscular conditions like myasthenia gravis
In addition, Botox is not recommended if you’re pregnant, breastfeeding or are taking certain medications. For more information, consult your GP.
Next, when looking for a practitioner to carry out the procedure, you can start by ensuring that they are both qualified and experienced. Medical practitioners on a register are a reliable choice, as this shows they meet standards in both training and skill and are fully insured. Registers like the British Association of Cosmetic Nurses and the British College of Aesthetic Medicine allow you to search for members on their websites.
Upon meeting any prospective practitioners, you may wish to ask them the following:
- What qualifications do they hold?
- What product do they offer? Is it licensed?
- Are there any possible risks or side effects?
- What is reasonable to expect after the procedure?
After your initial consultation, the practitioner should give you some time to think over whether the procedure is right for you. They should also be happy to give you information, like leaflets, about the procedure you’re undergoing.
Medical practitioners on a register can be a reliable choice. However, they may still deliver care that does not meet the standard of the profession. If this happens, and you’re injured as a result, you may be able to claim compensation for the harm caused to you.
Similarly, in some cases, you could be able to hold the beauty salon liable. They have a duty of care under the Occupiers’ Liability Act 1957. If they neglected this duty of care, for example by hiring and not properly training the person who administered your botox, they could be held liable for your injuries. In this instance, you may be able to claim against the salon for your injuries.
If you choose to work with a solicitor, they’ll help you determine which party was liable for your suffering. For a free consultation about your situation, please don’t hesitate to get in touch with one of our advisors today and see whether you could have a valid claim.
If you’re contemplating seeking legal help making your claim but you’re deterred by the cost of solicitor’s fees, a No Win No Fee agreement could be the solution. By working with a solicitor on this basis, you don’t have to pay any upfront fees or any fees while your case proceeds. Most importantly, you don’t have to pay your solicitor for their services unless they win your case.
In addition, your solicitor’s costs will be covered by a success fee that is taken in the case that your claim is successful. This is legally capped and means you’ll always receive the majority of your payout.
Our panel of solicitors can offer representation on a No Win No Fee basis. To learn more about their services, please see the next section to see how you can get in touch with our team of advisors.
Why not speak to one of our specialist advisors today? They can give you a free assessment of your case and tell you whether you could have a valid claim. What’s more, they could connect you to a lawyer from our panel to handle your claim on a No Win No Fee basis if they feel it has a good chance of success.
- Call 0161 696 9685
- Use the live chat feature on your screen
- Complete a contact form to schedule a callback
Here are some additional resources, including some of our alternative guides:
- How do I prove medical negligence?
- What circumstances are classed as medical negligence?
- Botched lip filler injury claims guide
- Control of Substances Hazardous to Health (COSHH) and Beauticians
- NHS information on Botox
- Find NHS services
In recent years, cosmetic procedures like Botox have surged in popularity. According to the International Society of Aesthetic Plastic Surgery (ISAPS), there was an 8.6% increase in non-surgical injectables in 2019. As part of this figure, Botox was the most popular procedure for both men and women, with 841,735 procedures performed worldwide in 2019.
The British Association of Plastic Surgeons reported that this popularity of non-surgical treatments could be attributed to a preference for preventative treatment. They note that declining rates of brow lifts highlight the benefits of Botox as an alternative for the forehead area.
To end our guide, here are some quick answers to frequently asked questions:
What exactly does Botox do?
Botox refers to Botulinum toxin, which is commonly injected into facial muscles to relax them and prevent the formation of fine lines and wrinkles. The effects of this cosmetic procedure aren’t permanent and typically last between 3 and 4 months.
What are the bad side effects of Botox?
Side effects of Botox treatment could include:
- Headache or flu-like symptoms
- Bruising, swelling and redness
- A frozen look – if too much Botox is injected, muscle movement may be limited
- Eye injuries like blurred or double vision. If the area around the eyes is treated, Botox could migrate in rare cases
In some cases, you would not be able to claim compensation for these side effects. This is because you can only claim for any injuries caused to you by the person administering the Botox breaching their duty of care. If the procedure is carried out to an acceptable standard but you still experience negative side effects, you would not be able to claim.
Can Botox cause muscle weakness?
One of the potential risks of Botox is that can cause temporary weakness in your facial muscles, giving a ‘droopy’ effect. For example, if you have Botox injected into the forehead, it could migrate to the eye area and cause temporarily heavy eyelids.
How long does a Botox injury claim take?
This depends. If blame is uncertain, then the claim may take longer than in cases where it’s clear who is liable for the accident. Cases with more serious injuries may also take longer to settle than ones where the injuries are relatively minor.
Can I claim on behalf of someone else?
If the injured person was under 18 at the time the incident occurred, or if they lack the mental capacity to claim on their own, then you can claim on behalf of them as a litigation friend. Get in touch with our team for more information.
Thank you for reading our guide on how to make a Botox injury claim.
Page by NS
Published by AS