Compensation for Laser Skin Resurfacing Injuries
Laser skin resurfacing is an effective and non-invasive alternative to a facelift, smoothing out areas of skin, particularly fine lines and wrinkles around the mouth and eyes. The treatment can also be used to remove blemishes such as stretch marks, scars and liver spots. The laser light blasts the surface of the skin, destroying the outer layers and exposing the deeper (pink) dermis layer, which is then heated by the laser’s energy to stimulate the production of collagen, a protein necessary to create and bind together new soft tissue and skin cells.
Skin Patch Tests and Client Assessment
Laser skin resurfacing requires both technical precision and accurate pre-treatment evaluation. A skin patch test (carried out at least 48 hours before the first treatment) will help the laser technician calculate the optimum intensity of the laser light, and the amount of time it needs to be beamed onto the skin to achieve the desired results.
Small errors and miscalculations at this stage can have disastrous consequences. There are also certain contraindications that make laser procedures unsuitable and inadvisable for an individual, including pregnancy, diabetes and a tendency to form keloid (raised) scars. A proper medical consultation should therefore determine whether or not it is safe to proceed with a laser skin resurfacing procedure.
Typical Laser Skin Resurfacing Injuries
Laser beams and intense pulsed light (IPL) can severely damage the skin if the machine settings are too high, or if they are directed at areas of skin for even marginally too long. Burns often cause blistering and scarring that may disfigure a person for many months or even permanently. Laser light may also change the pigmentation (colour) of the skin, with darker skin in particular being prone to lightening. There is a further risk of eye damage when laser skin resurfacing is being carried out around the eyes, and for this reason patients must be provided with protective goggles to wear during their treatment.
Importance of Training, Qualifications & Experience
Since the Government deregulated the cosmetic use of laser and IPL equipment in 2010, the prospective patient’s choice of clinic and practitioner has become a critical issue. No formal qualifications are currently required to perform laser skin resurfacing treatments, nor are there any guidelines or quality controls regarding the equipment that can be used. It is important to check that practitioners hold a laser/IPL BTEC qualification in laser treatments, and have a track record of safely carrying out skin resurfacing procedures. Clinics and salons must also be hygienic and properly ventilated to reduce the risk of infections.
Laser Skin Resurfacing Injury Case Studies
Case Study 1
Mrs E suffered second degree burns from a laser skin resurfacing treatment that she had booked to help reduce the appearance of stretch marks on her stomach. The salon carried out a skin patch test prior to the treatment, meaning it should have had all the information necessary to accurately determine Mrs E’s individual skin sensitivity, and the wave and pulse duration of the laser to be used during the procedure.
Mrs E’s skin was red and stinging following the treatment. The next day it began to blister and she saw her doctor who diagnosed second degree burns caused by laser heat. Mrs E later returned to the beauty salon to complain, as well as to request information on the laser machine used during her treatment. She was offered a refund for the procedure, but was assured that the laser had been correctly set up and was in perfect working order. The salon attributed Mrs E’s burns to her own failure to apply the post-treatment soothing and healing cream it had advised her to use.
Mrs E was upset and angry by the salon’s response to her situation and decided to seek legal advice. Our firm later handled her claim against the salon’s owners, informing them that on the day of our client’s appointment, either the laser machine had not been in perfect working order, or else the technician had set it up incorrectly, meaning the beam was too strong for Mrs E’s skin type.
In whichever case, the negligence of staff at the salon directly caused our client’s burns, the severity of which means that she is likely to have long-term or permanent visible scars on her stomach. The salon owners were responsible for failing to handle Mrs E as a customer with reasonable care, as well as for the errors made by their employees in assessing our client and in carrying out the laser skin resurfacing treatment. On admission of liability, Mrs E received £6,500 in compensation from the salon’s insurers.
Case Study 2
Mrs T booked an appointment at a beauty salon for a laser skin resurfacing treatment aimed at smoothing out wrinkles around her mouth and eyes. Being dark-skinned, Mrs T asked the salon if she needed a skin patch test, as she was aware that lasers can affect the skin’s pigmentation. The salon reassured her that this was not necessary, as it had never had a problem with laser treatments previously.
Mrs T went for her appointment and was initially pleased with the results, despite her face stinging which the salon assured her was normal. However, the following day her skin was red and inflamed, and a week later Mrs T noticed that patches of skin on her face appeared lighter. She had in fact developed hypopigmentation, a lightening of the skin condition, due to overexposure to laser beams.
After doctors informed Mrs T that her condition was likely to be long term and was difficult to treat, she decided to bring a compensation claim against the beauty salon in question. We wrote to the salon on her behalf, stating that a skin patch test, had it been carried out, would have determined that the normal laser settings were too high for Mrs T’s skin type. The adverse reaction that she had suffered was entirely foreseeable, and the salon had been negligent in failing to properly assess Mrs T’s suitability for the treatment. The salon and its insurers admitted liability for Mrs T’s condition, and she received £4,500 in compensation.
Case Study 3
Ms D made an appointment at a clinic for a laser resurfacing treatment to deal with wrinkles and bags under her lower eyelids. Following the procedure, the bags under her eyes ended up more pronounced, as the skin had been tightened to iron out the wrinkles. On the clinic’s advice, Ms D agreed to a follow-up blepharoplasty surgical operation to remove fat from under her lower eyes, followed by another laser resurfacing session to smooth out the skin.
However, after the second laser treatment, the skin under Ms D’s lower eyes was red and swollen, and later began to crack, blister and form scabs. She was prescribed anti-burn ointment and painkillers by her GP, and was forced to take four weeks off work. Her disfigured facial appearance also caused deep distress and embarrassment for a long time afterwards.
Ms D contacted our firm having read about our experience in handling claims against laser clinics, and we agreed to take on her claim on a no win no fee basis. We were able to obtain a specialist medical opinion confirming our main argument, that the first ablative laser resurfacing procedure had removed too many layers of skin from under Ms D’s eyes, making a second laser treatment inadvisable so soon afterwards.
The laser clinic did not take into account the fragile state of Ms D’s skin under her eyes, and the laser technician therefore failed to adjust the settings on the laser machine accordingly. The strong beam had burned Ms D’s skin as a direct consequence, and this represented negligence on the part of the laser clinic and its parent company. Following an admission of liability, Ms D received £4,500 in compensation from the clinic’s insurers.
Case Study 4
A recent client of Bartletts Solicitors booked a series of three skin rejuvenation treatments at a laser clinic to reduce the appearance of freckles on her face. The procedure utilised a Co2 fractional ablative laser, and Ms T was examined by a certified dermatologist beforehand to check her individual skin suitability for invasive laser surgery of this kind.
Near the end of her second treatment, Ms T complained to the laser technician that her skin was stinging more than usual. She ultimately sustained a full thickness burn on her chin because overuse of the laser had burned the epidermis layer of her skin, which should have been protected by an effective skin cooling system. Ms T was left with what is likely to be a permanent scar on her chin, and suffered emotional repercussions from her facial injury including agoraphobia and depression. As a result, a few months later she decided to seek legal advice.
Ms T got in touch with Bartletts Solicitors, and subsequently decided to proceed with a claim against the laser clinic for botching her skin rejuvenation treatment. In correspondence with the clinic, and backed up by a specialist medical report, we stated that Ms T’s skin was burnt due to the Co2 fractional laser penetrating too far into her skin and the epidermal layer not being sufficiently cooled, resulting in a thermal injury.
The clinic had failed to use the necessary care and skill that one would expect from a company performing invasive laser treatments on clients, and its errors in this area had directly caused Ms T’s full thickness burn. We maintained that this represented negligence, and that Ms T was therefore entitled to compensation for her burn injury. Following an admission of partial liability by the laser clinic’s parent company, Ms T received a total of £4,250 in compensation.
Case Study 5
Mr D underwent two carbon dioxide laser (CO2 laser) skin resurfacing procedures in an attempt to remove acne scars which had plagued him since his youth. Mr D was unhappy following his first laser treatment, as he felt that it had not reduced his scarring as much as he had expected. During the second procedure, the laser technician decided to raise the laser’s settings and the intensity of the beam in an attempt to achieve better results.
Immediately afterwards, Mr D felt a tingling and burning sensation all over his face. The clinic where the procedure took place told him this was normal and provided him with aloe vera gel to soothe his skin. However, the next day Mr D’s had visible burn marks across both his cheeks. He saw his GP who prescribed a stronger burn treatment cream, but he was left effectively disfigured for the next eight weeks, and experienced considerable pain and discomfort during that time.
Mr D later contacted Bartletts having read about our experience in claiming compensation for laser skin resurfacing burns. We agreed to represent him and wrote to the laser clinic’s owners, pointing out that the operator should not have increased the intensity of the laser second time round, as the original settings had been calculated based on the results of a skin patch test, and any increase was therefore likely to prove dangerous given Mr D’s individual skin characteristics.
The second treatment had not been carried out in a reasonably competent manner, and the clinic itself was therefore to blame for Mr D’s burn injuries. Liability was accepted by the clinic’s insurers relatively quickly in this case, and our client later received £3,750 in compensation.
Solicitors for Laser Skin Resurfacing Injuries
If you have been burned or otherwise injured by a laser skin resurfacing treatment at a clinic or salon, contact our expert female solicitors today for free, confidential legal advice. Our experience in this relatively new area of law means that our lawyers will be able to negotiate the best possible compensation settlement on your behalf.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
