Cosmetic treatments are more popular than ever in Ontario. Medical spas and cosmetic clinics offer services ranging from Botox and dermal fillers to laser hair removal and chemical peels. While many people undergo these procedures without complications, things don’t always go as planned. Injuries such as burns, scarring, nerve damage, or infections can have long-lasting physical, emotional, and financial consequences.

If you’ve suffered an injury from a cosmetic treatment, you may wonder whether you have any legal rights, especially if you signed a liability waiver before your procedure. The answer depends on the severity of your injury and the circumstances surrounding it. Here are some key situations where speaking with a personal injury lawyer is strongly recommended.

What Counts as Negligence?

Negligence occurs when a business or professional fails to meet the standard of care that a reasonable provider in their position would exercise.

Negligence may include:

  • Using equipment improperly or without adequate training;
  • Failing to maintain sanitary conditions, leading to infections;
  • Administering treatments without proper medical supervision;
  • Not providing adequate information about risks and alternatives; and
  • Ignoring allergies or skin conditions.

If negligence can be shown, the injured client may be entitled to compensation for medical expenses, lost income, pain and suffering, and other damages. 

Cosmetic Surgery

When Injuries Are Serious or Permanent

Not every side effect from a cosmetic procedure amounts to negligence. Mild redness, swelling, or temporary discomfort may be expected and often resolve on their own. But if you are left with significant or lasting injuries, such as visible scarring, second-degree burns, disfigurement, or nerve damage, legal advice can be beneficial.

What to Do If You've Been Injured

If you suffer harm from a beauty treatment, there are steps you can take to protect your rights:

  1. Seek medical attention immediately and follow through with treatment.
  2. Document everything, take photos of your injuries, keep receipts, and save all paperwork you signed.
  3. Report the incident to the spa or clinic in writing.
  4. Consult a personal injury lawyer to review your case and assess whether negligence occurred.

Do Waivers Always Protect Medical Spas and Clinics?

Most medical spas and cosmetic clinics require clients to sign consent or liability forms before receiving treatment. These documents often state that you are assuming the risks associated with the procedure and that the business will not be held responsible for injuries.

However, under Ontario law, a waiver does not give a business permission to act negligently. If a technician fails to follow proper procedures, uses faulty equipment, or does not warn you of known risks, the waiver may not protect the spa or clinic from liability. Therefore, signing a form does not mean you give up your right to be protected from negligence.

In Conclusion

While most medical spa and cosmetic treatments are performed without incident, injuries do happen, and they can be serious. Signing a waiver or liability form does not mean you are without legal recourse. If you’ve been harmed during a cosmetic treatment in Ontario, understanding your rights is a necessity.