What to do and where to go if the cosmetic procedure has led to a complication? And really, what to do? Lawyers of PRAVOCARD will help you to understand.
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 reason to be afraid of complications.
Complications are provoked by a number of pathological processes that 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.
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 what procedure you did with what drugs, the name of the clinic, the name of the cosmetologist. All information must be reflected in the doctor’s report indicating that it was the procedure that caused the health problems.
Additionally, complications after the cosmetic procedure, it is advisable to «fix» by photographs. Take a picture of yourself in good light and with high-quality equipment — so that you can see what harm was done by the procedure. 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: a contract, informed consent, payment receipts, prescriptions for medicines that you have been prescribed to treat complications, photographs, information about the procedure that you underwent, you can use the testimony of witnesses. Submit a claim for poor service delivery. The claim is made in two copies, one for the clinic, the second for you. Send the claim to the address of the clinic in a way convenient 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; to law enforcement or the courts. The right of a citizen of the Russian Federation to defend his interests in court is established by the Constitution and, in this situation, is additionally enshrined in Federal Law N 2300-1 “On Protection of Consumer Rights” (provision of services of inadequate quality). In this case, you will definitely need all those documents and evidence that we wrote about above.
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 the Federal Law. 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 cosmetologist depends on whether the service took place in the salon (service provider — legal entity) or at home (service provider — individual entrepreneur). 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.
In conclusion, I would like to say:
- Always apply for cosmetic procedures to a licensed clinic with a good reputation — no «good beauticians at home»!
- The behavior of a doctor can say a lot — pay attention to whether the beautician collects an anamnesis, whether he 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! Lawyers of PRAVOCARD wish you to be beautiful and, most importantly, healthy.