1. Specialist insurance for cosmetic practitioners
Medical Malpractice Insurance:
What are the Pitfalls?
Eddie Hooker
CEO
Hamilton Fraser Insurance
3rd
Floor | Kingmaker House | Station Road | New Barnet
Hertfordshire | EN5 1NZ
Telephone: 0800 63 43 881 | Fax: 0845 310 6301
info@cosmetic-insurance.com | www.cosmetic-insurance.co.uk

2. Agenda
Insurance Requirements for Cosmetic Practitoners
What to look out for
Natalie Crane
Marketing & Communications Manager
Specialist insurance for cosmetic practitioners
Let’s Get Social
@cosmeticcover
#aestheticinsight
Specialist insurance for cosmetic practitioners

3. Specialist insurance for cosmetic practitioners
Poor patient selection
Process of obtaining consent is poor
- Lack of benefit not mentioned - Complications not mentioned
Patient expectations
Experimental nature of treatment not discussed
What Can Go Wrong?
Adverse outcomes
- Scaring
- Asymmetry
- Lumps
- Pigment
- Pain
- Infection
Not managing complaints
Not managing aftercare
Not keeping adequate patient records

4. Specialist insurance for cosmetic practitioners
Prevention is Better Than Cure
If you do not consent a patient properly and the treatment is not
successful (even if that is not your fault) you could be successfully sued
Informed consent is fundamental to a successful defense
Ensure that you can produce evidence that consent has been taken

5. Specialist insurance for cosmetic practitioners
Tips for Taking Consent
Practitioner and patient guide each other between information
scarcity and information overload
Use easy to understand language
Check the patient can comply with the necessary after care
Warn of the risk of disappointment
If it helps use diagrams to explain the risks or benefits
Ask if the patient has any specific concerns
Ask yourself whether you are satisfied that the patient
has listened and understood
Do not view consent as a single event

6. Specialist insurance for cosmetic practitioners
Tips for Documenting Consent
Consent is a clearly documented, well evidenced collaborative process
Consider giving the patient a leaflet setting out risks and benefits
– always document this
Consider giving the patient a leaflet on the aftercare
If you have used any diagrams or illustrations keep them with the notes
Take before and after photos
Document any specific or unusual issues raised by your patient

7. Specialist insurance for cosmetic practitioners
Most Common Incidents Notified
Notified to Hamilton Fraser Cosmetic Insurance
- 21% Fat Reduction (including Laser/Radio Frequency/
Ultrasound Assisted Liposculpture treatments)
- 20% Laser (including facial rejuvenation
and hair removal)
- 18% Hyaluronic Acid Dermal Filler
- 14% Botulinum Toxin
- 14% Other (including Chemical Peels,
Medical Needling, General Beauty
Treatments etc.)
- 13% Other Dermal Fillers
21%
Fat Reduction
20% Laser
18%
Hyaluronic Acid
Dermal Filler
14%
Botulinum
Toxin
14% Other
13%
Other Dermal
Fillers

8. Specialist insurance for cosmetic practitioners
How Much Does a Claim Cost?
Average claims values
on successful claims
between 2007
and 2011
Enter our competition
Guesscorrectlyto win aprize!
Laser Hair Removal Claim
£
Dermal Filler Claim
£
Body Contouring Claim
£
Body Contouring Claim
£
Botulinum Toxin Claim
£
Dermal Filler Claim
£
Laser Hair Removal Claim
£
Chemical Peel Claim
£

9. Case Study
The Claimant
- 26 year old woman
- Body Tite procedure (Radio Frequency Assisted Liposuction)
on her upper and lower abdomen, arms and back
The Defendant
- A registered doctor
- Consented the patient
- Specifically indicated the potential risk of a poor
result and explained that it could take up to
6 months to see the full results of the procedure

10. Specialist insurance for cosmetic practitioners
The Claim
Allegations
She could see no visible difference and claimed that the procedure
was performed negligently and was ineffective
The Claimant alleged
The Defendant did not spend sufficient time on the Claimant’s
procedure and as a result it was unsuccessful;
The Claimant was caused unnecessary pain and suffering as a result
of the alleged inappropriately performed procedure

11. Specialist insurance for cosmetic practitioners
The Outcome
The Claimant’s solicitors made an offer of £6,500
£3,000 was a fair reflection on general damages and £3,500
was the cost of the procedure
Letter of Response denying liability was served on the basis
of the Defendant’s evidence and his note keeping
Did not pursue the claim and we were successful in getting
the claim dropped

12. Specialist insurance for cosmetic practitioners
Key Lessons
Even though an ‘injury’ has not been suffered by a Claimant
they still try to make a claim
As well as advising of the risks of a procedure, it is crucial to advise
about poor results and to document this in the notes and have
a signed consent form to that effect
Without the signed consent form the Defendant could have
been at significant risk

13. Specialist insurance for cosmetic practitioners
Do’s and Don’ts
Issue Do’s ✓ Don’ts ✗
Verbal
Complaints
• Listen to the customer
• Sympathise and explain, making sure you are reassuring in nature
• Try and offer an earlier follow up appointment
• Keep detailed notes
• Don’t admit liability
either verbally or
in writing
• Don’t make an
offer of refund
or complimentary
treatment before
consulting with your
insurance broker
• Don’t indicate
you have insurance
• Don’t ignore the
problem and hope
that it goes away
Letters of
Complaint
• Notify your insurance broker immediately
• Pass on all correspondence unanswered together with
patient notes and your proposed response
Missed
Appointments
Following
a Complaint
• Telephone patient regarding their no-show and understand why
Refund
Request
• Understand why they want a refund
• Offer a further appointment if necessary to maintain goodwill
Request to
see Notes
• Understand why they require a copy of their notes
• Obtain written consent from the patient prior to releasing
notes to anyone