Injured during a fat freezing or beauty treatment? Here’s what you need to know about consent forms and compensation

By Associate Kirsten Nasser

Non-surgical beauty treatments like fat freezing (cryolipolysis), laser hair removal, laser skin rejuvenation, chemical peels, skin needling and similar procedures, have become a normal part of life for many Canberrans. 

But complications do happen. Burns, scarring, infections, nerve damage, pigmentation changes and prolonged pain are among the injuries people experience after these treatments. And in some cases, those injuries aren’t just an unfortunate side effect, they’re the result of negligent care.

Sound familiar? Here’s what you need to know.

I signed a consent form, does that mean I can’t make a claim?

This is one of the most common misconceptions we come across. The short answer is: not necessarily.

Signing a consent form confirms that you understood the treatment, were informed of the potential risks, and agreed to proceed. What it doesn’t do is protect a clinic or practitioner from the consequences of negligent treatment. Regardless of what you signed, they are still legally required to exercise reasonable care and skill.

If your injury was caused by negligence, a consent form will not automatically prevent you from making a claim.

When might you have a claim for medical negligence?

You may have grounds for a claim if your injury resulted from negligence rather than a known risk of the procedure. This could include situations where a clinic or practitioner:

• failed to properly assess whether the treatment was suitable for you
• used incorrect equipment, machine settings or techniques
• performed the treatment without appropriate training or qualifications
• failed to maintain proper hygiene or infection control standards
• used defective or poorly maintained equipment
• didn’t adequately explain the significant risks before treatment
• provided inadequate aftercare advice or failed to respond appropriately when complications arose

These principles apply whether your treatment involved fat freezing, laser therapy, skin needling, chemical peels or another cosmetic procedure.

Not every poor outcome is negligence

It’s worth being clear about this: every beauty treatment carries some level of inherent risk, and not every disappointing result will give rise to a legal claim.

The key question is whether the clinic or practitioner met the standard of care expected of a reasonably competent professional in their field. If they didn’t, and that failure caused your injury, you may be entitled to compensation.

What compensation might be available if I’m injured during a beauty procedure?

Depending on your circumstances, a successful claim may cover:

• pain and suffering
• past and future medical and treatment costs
• lost income or reduced earning capacity
• domestic care and assistance

What should you do if you’ve been injured?

If you’ve been hurt during a fat freezing treatment or another beauty procedure, it’s important to act promptly:

• seek medical attention as soon as possible
• photograph your injuries
• hold onto your receipts, treatment records and consent forms
• get legal advice early, strict time limits apply to personal injury claims in Australia

We’re here to help

At Maliganis Edwards Johnson, we understand that treatments marketed as quick and routine can sometimes lead to serious, lasting harm.

If you’ve been injured during a non-surgical beauty procedure, our experienced personal injury team can help you understand your rights and whether you may be entitled to make a claim. Contact us for a confidential, obligation-free conversation about your options.