Laser Treatment Injury Claims* – Medical Negligence

Laser technology has become a cornerstone of modern aesthetic medicine, utilized for hair removal, skin rejuvenation, and tattoo removal. However, the high-energy nature of these devices requires significant expertise. When treatments are performed by untrained or negligent practitioners, the results can be physically and emotionally devastating. Beauty salons and medical clinics owe a “duty of care” to their clients, and a breach of this duty that results in injury may provide grounds for a legal claim for damages.

Types of Laser Treatment Claims*

Laser injuries often occur due to incorrect settings on the equipment or a failure to assess the client’s skin type correctly. Common injuries handled by Sherwin O’Riordan Solicitors include:

• First, Second, and Third-Degree Burns: Resulting from excessive heat or prolonged exposure to the laser beam.
• Permanent Scarring and Keloids: Often occurring when the skin’s dermis is damaged beyond its ability to repair smoothly
• Hyperpigmentation and Hypopigmentation: Changes in skin colour where the treated area becomes significantly darker or lighter than the surrounding tissue.
• Eye Injuries: Caused by a failure to provide or wear adequate protective eyewear during the procedure.
• Infections: Arising from improper post-treatment care advice or unsanitary clinical conditions.

Proving Negligence in Laser Procedures

To succeed in a personal injury claim, the plaintiff must establish that the practitioner was negligent. In the context of aesthetic treatments, this is often demonstrated through:

1. Failure to Perform a Patch Test: Standard industry practice requires a small test area to be treated 24 to 48 hours before the full procedure to check for adverse reactions.
2. Inadequate Training: Using high-powered Class 3B or Class 4 lasers without recognized certification or specific manufacturer training.
3. Incorrect Calibration: Using the wrong wavelength or “fluence” (energy density) for the patient’s specific skin type, often measured on the Fitzpatrick Scale.
4. Inadequate Medical History Review: Failing to identify contraindications, such as the use of photosensitizing medications (e.g., Roaccutane).

Immediate Steps After a Laser Injury

If you have suffered an injury during or after a laser session, taking the following steps is essential for both your health and any future legal action:

• Seek Medical Attention: Visit a GP or an Emergency Department immediately. Medical records serve as the primary contemporaneous evidence of your injury.
• Document the Damage: Take high-quality photographs of the affected area immediately and at various stages of the healing process.
• Report the Incident: Inform the salon manager and ensure the incident is recorded in their accident book. Request a copy of this entry.
• Retain Records: Keep all receipts, appointment cards, and copies of any consent forms or aftercare leaflets provided by the clinic.

Does a Laser Treatment Claim go through the Injuries Board

This depends entirely on whether the treatment is classified as medical negligence or a general personal injury.

The General Rule: Medical vs. Non-Medical

Under the Personal Injuries Resolution Board Acts, the Board is legally prohibited from assessing claims that arise from “medical negligence”. Therefore:

• If the treatment was medical: If the laser procedure was performed by a doctor, nurse, or dentist in a clinical setting (such as a medical-grade laser for skin conditions or surgery), it is classified as medical negligence. These claims do not go through the Injuries Board and must proceed directly to court via a solicitor.
• If the treatment was non-medical: If the laser treatment (such as laser hair removal or basic IPL) was performed by a technician or beautician in a high-street salon or beauty clinic, it is often treated as a “public liability” or “general negligence” claim. These claims must be submitted to the Injuries Resolution Board before any court proceedings can be initiated.

Why Laser Claims are Complex

Laser treatments occupy a “grey area” in Irish law because the industry is currently fragmented in its regulation.

1. The Practitioner’s Status: If the person operating the laser is a registered medical practitioner, the Injuries Board will typically issue a “Section 17 Release,” stating the case is too complex for their assessment, effectively moving it to the court system.
2. The Nature of the Injury: Laser injuries often involve second or third-degree burns, permanent hyperpigmentation (darkening), or hypopigmentation (loss of skin colour). Proving negligence often requires showing a failure to perform a “patch test” or using incorrect settings on the equipment.

The Process for Laser Negligence

Regardless of the venue, the steps for a laser negligence claim remain consistent:

• Statute of Limitations: You generally have two years from the date of the injury (or date of knowledge) to initiate a claim.
• Expert Evidence: You will likely need a report from a dermatologist or a plastic surgeon to document the extent of the scarring or tissue damage.
• Legal Advice: Because of the difficulty in determining whether a specific clinic counts as a “medical” entity, it is vital to consult a solicitor. If you incorrectly bypass the Injuries Board for a non-medical claim, your case could be statute-barred or dismissed by the court.

How Sherwin O’Riordan Solicitors Can Help

Navigating the complexities of medical and aesthetic negligence requires specialized legal expertise. Sherwin O’Riordan Solicitors provide a comprehensive service for victims of laser malpractice:

• Expert Evaluation: We work with medical experts to determine the extent of the negligence and the long-term impact of the scarring or injury.
• Calculating Damages: We ensure your claim accounts for “General Damages” (pain and suffering) and “Special Damages” (medical costs, specialized camouflage makeup, and loss of earnings).
• Litigation Support: If the Injuries Resolution Board process does not result in a fair settlement, our experienced litigators will advocate for you in court to secure the compensation you deserve.

Contact our Medical Negligence Team Today