More and more people are opting for cosmetic treatment, such as botox, fillers, eyelid correction or breast enlargement. This usually goes well, but if something goes wrong, the damage can be extensive — physically and emotionally.
In the event of an error during a cosmetic procedure, you can often hold the practitioner or clinic liable and demand damages.
In this blog you can read when a medical error occurs, who is responsible, and what steps you can take to protect your rights.
When does this occur? an error during a cosmetic treatment?
For cosmetic procedures, just as in regular healthcare, the practitioner must act in accordance with the standard of care of a reasonably competent and careful professional.
If this is deviated from and you suffer damage as a result, this is a medical error.
Examples are:
Too much or incorrectly injected botox or fillers, with permanent asymmetry or nerve damage.
Surgery performed carelessly (such as breast enlargement, liposuction or eyelid correction).
Infections or scars due to poor hygiene.
Insufficient information about risks, recovery or alternatives.
Use of unsuitable products or materials.
Not every unsatisfactory result is a mistake, but if the doctor deviates from the professional standard or breaches his duty of care, liability can be established.
Cosmetic procedures fall under the BIG Act and Wkkgz
Cosmetic doctors and clinics must also comply with the Individual Healthcare Professions Act (BIG) and the Care Quality, Complaints and Disputes Act (Wkkgz).
This means that they:
must be authorized and competent for the procedure;
must keep medical records;
must work in accordance with professional guidelines;
and must have a good complaints procedure.
An error can therefore not only be of a medical nature, but also of an organizational or communicative nature.
Read also:
👉 Informed consent: right to information and consent
👉 The medical file: inspection, copy and correction
Informed consent: consent based on correct information
Before a cosmetic procedure takes place, you must be fully and understandably informed about:
the nature and purpose of the treatment;
the risks and complications;
from the doctor or clinic.Fillers and botox
Too deep or crooked injection → asymmetry or paralysis of facial muscles.
Use of unsuitable or illegal products.
Unsanitary conditions leading to infections consequence.
Surgical interventions
Failed breast enlargement or reduction (misalignment, leakage of implants).
Too much fat removal during liposuction → uneven skin.
Improper wound care after eyelid correction → permanent scars.
Insufficient aftercare
No control or follow-up in case of complications.
Incorrect medication or late intervention in case of inflammation.
Independent doctor or cosmetic specialist: he or she is personally liable for errors.
Clinic with multiple doctors: the clinic is liable under Article 7:462 of the Dutch Civil Code (liability for auxiliary persons).
Hospital or hospital doctor: the hospital bears the responsibility.
Common mistakes in cosmetic treatments
Who is liable: the doctor or the clinic?
Liability depends on the legal relationship between you and the practitioner:
Even when a non-doctor (e.g. beautician) performs a medical procedure for which he is not authorized, this can lead to both civil and criminal liability.
Read also:
👉 Medical error in a private clinic: who is liable?
👉 Causal link in medical errors
assistance or aftercare
Intangible damage (punishment)
Pain and suffering
Physical or psychological limitations
Fear of being treated again
Aesthetic damage or disfigurement
Also read:
👉 Smartengeld for medical errors
👉 Compensation for medical liability
What can you do in the event of incorrect cosmetic treatment?
Request your medical file
It states exactly which actions were performed and with which products.- the insurer of the clinic.
Read also:
👉 Submit a complaint after a medical error
👉 Loss of an opportunity in medical errors
Why Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers we regularly handle cases involving errors in cosmetic procedures, such as failed botox or filler treatments and incorrect operations in private clinics.
Our lawyers have extensive experience in medical liability law and work together with independent medical experts.
We ensure that:
your case will be carefully investigated;
you will receive free legal assistance (we recover the costs from the liable party);
and you will receive maximum compensation for your physical and psychological damage.
Victim of an incorrect cosmetic treatment?
Do you have any complications or damage after a cosmetic procedure?
Contact Arslan & Arslan Lawyers for a free assessment of your case.
We will assist you from the initial assessment to compensation, with the care and expertise you deserve.