Burns From Laser Hair Removal – A Lack of Regulation Means Customers Often Suffer From Injuries
In the past, all laser treatment premises were required to register with the Care Quality Commission, however since 1st October 2010, Class 4 lasers and Intense Pulse Light (IPL) lasers used for non-surgical cosmetic purposes are now exempt from regulation. While the Independent Healthcare Advisory Services (IHAS) has begun work on a new registration scheme for accredited providers, for the moment lasers can be used at beauty salons, health care centres and cosmetic clinics without any formal requirements in areas such as technical training and hygiene. Around 4,000 laser ‘adverse events’ are recorded annually in the UK, and following deregulation this number is sure to rise.
Those offering laser hair removal procedures are obliged under UK law to carry out treatments in a competent manner, using reasonable care and skill. The legal benchmark for defining ‘reasonable’ is how a competent fellow professional would be expected to act in similar circumstances. One area in which laser treatment providers often negligently fail their customers is in poor pre-treatment patient care. They may fail to carry out a skin patch test, the results of which are used to determine skin sensitivity and the corresponding optimum laser frequency for the individual. A thorough medical consultation will also identify any contraindications which will mean laser treatments are unsuitable for an individual, including epilepsy, pregnancy and diabetes.
Laser hair removal is a technically precise procedure, and requires specialist skill to perform safely and effectively. Lack of training and inexperience among laser operators can cause severe burn injuries to clients, if the laser beams are directed at the skin for too long, or if the wavelength and pulse duration settings are too high. Typical symptoms of laser burn injuries include blistering, peeling, redness and swelling. A person may also be left with unsightly and possibly permanent scars from a laser burn. Otherwise skin may be discoloured or its pigmentation may permanently change. Where a laser treatment is being performed on facial areas, practitioners must ensure that patients are provided with protective goggles, as a misdirected laser beam may otherwise cause serious eye damage, including temporary or permanent blindness.
It is essential that premises offering laser treatments are properly ventilated, as the fumes produced by lasers can cause respiratory problems. Laser use should also be limited to only one room per commercial premises. The lasers and other equipment and instruments in use must be free from defects, hygienic, and set up to achieve the optimum results. Compensation claims for laser hair removal burns are normally handled by a no win no fee solicitor working on behalf of the injured party. The vast majority of claims are settled before they reach court, as laser treatment providers are required to hold public liability insurance to cover them in the event of a client getting injured, and insurers are normally keen to settle cases at an early stage, without the expense of court proceedings.
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