Modern medicine, including aesthetic medicine, has gone far ahead and provides great opportunities to maintain youth and take care of your appearance. What if the services are of poor quality and if some cosmetic procedure has led to a complication. Unfortunately, no one is immune from this. In this article, PRAVOCARD lawyers will tell you how to act in such cases and how to hold the clinic to account.
How to distinguish the natural side effects of post-procedure real complications?
First of all, you need to learn to distinguish natural side effects from post-procedural side effects from unnatural ones, that is, from actual complications.
As a rule, the doctor always warns about natural side effects. Thus, if the doctor shows his competence and tells the patient about all the nuances of the upcoming procedure, and the patient, in turn, follows all the recommendations and does not hide anything from the doctor, then there is no need to be afraid of prerequisites for complications.
Complications are provoked by a number of pathological processes, which are caused by medical intervention in the patient’s body. And if the side effect goes away on its own, then the complication will have to be treated, sometimes long and expensive.
What to do if there is a complication?
If, nevertheless, a complication has arisen, then in addition to treating the complication, it is necessary to fix your condition with a general practitioner and tell you what procedure, what drugs you were given, the name of the clinic, the name of the cosmetologist. All information must be reflected in the conclusion of the doctor, indicating that it was the procedure that caused the health problems.
Additionally, it is advisable to “fix” the complications after the cosmetic procedure by means of photographs. Take a photo of yourself in good lighting. It is advisable to certify the photographs taken by a notary in order to confirm the date of the photographs taken, if necessary.
Next, collect a package of documents:
- informed consent,
- admission ticket,
- payment checks,
- prescriptions for medicines that you have been prescribed to treat a complication,
- information about the procedure you had,
- you can use the testimony of witnesses.
Submit a claim for poor service delivery. Print the claim in two copies, one for the clinic, the second for you.
Send a claim to the clinic in a convenient way for you:
- on purpose, in this case it is necessary to ensure that your copy of the claim is signed with a seal, confirming that the claim has been accepted for consideration;
- Russian post by registered mail with notification.
The term for considering a claim is 10 days, if your claim is ignored, you have the right to file a complaint with Rospotrebnadzor – a special service body under the Ministry of Health that performs supervisory functions; to the licensing authorities authorized to suspend and terminate the license; to the prosecutor’s office; law enforcement or court.
What payments can be expected in case of complications
Payments that you can count on in case of complications:
- Compensation for damage to health.
- Compensation for the costs of treatment and recovery, in this case, it will be necessary to provide evidence, collect all checks.
- Compensation for moral damage.
Requirements for the provision of cosmetic services are contained in Federal Law No. 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”, as well as in the Rules for the Provision of Paid Medical Services.
Cosmetology, as a type of medical activity, is subject to licensing in our country, therefore, when choosing a specialist, you need to make sure that you have the appropriate license to provide medical services in the cosmetology profile. The register of medical licenses is published on the website of Roszdravnadzor, where you can check the authenticity of the document by its number. It is important to remember that the law will not be able to protect someone who, having shown negligence and short-sightedness, entrusted his health to a specialist without a license.
In addition to licensing, there are a number of other mandatory requirements:
- performing cosmetology services is allowed only at the address specified in the license;
- a cosmetologist must undergo professional retraining in the specialty “cosmetology” in the presence of training in an internship or residency in the specialty “dermatovenereology”;
- it is forbidden to make injections of cosmetic products by paramedical staff;
- medical devices, including implantable ones, medicines must have a registration certificate;
- It is forbidden to use unregistered fillers.
The procedure for appealing the quality of the work of a beautician depends on whether the service took place in the salon or at home. The previously described methods of appealing the quality of services provided by a cosmetologist are applicable to legal entities, while home cosmetology is the most dangerous type of service, choosing which the client cannot help but understand the degree of risk.
In this case, it is extremely difficult to prove the very fact of the provision of the service, and financial damage, and harm to health or the ineffectiveness of the paid procedure. The best way in this case is to contact the police to check the legality of the beautician’s activities.
Let’s note the important points:
- Always go to a licensed clinic with a good reputation for cosmetic procedures – no “good beauticians at home”.
- The doctor’s behavior can say a lot – pay attention to whether the beautician collects an anamnesis, asks about previous procedures and your body’s reaction to them, etc.
- The doctor must give you a written sample of informed consent for the procedure and take a signature from you that you understood and agreed with all the information provided.
- The environment in the doctor’s office and treatment room can also say a lot about the quality of service delivery.
Take care of yourself! Be beautiful, and most importantly healthy!