Undergoing an aesthetic treatment, whether performed at a beauty salon or a medical practice, stems from the desire to improve one's appearance and feel better about oneself. Unfortunately, the incorrect use of technologies such as lasers or pulsed light can turn this expectation into a painful and traumatic experience, causing burns, permanent blemishes (hyperpigmentation or hypopigmentation), and scars. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands not only the physical pain but also the psychological distress that results from visible aesthetic damage, often on the face or exposed areas of the body.
Professional liability in aesthetic treatments
When a laser hair removal or photorejuvenation treatment causes damage, it is crucial to identify legal responsibilities. Italian law distinguishes between the competencies of beauty salons and medical practices. Beauty salons are authorized to use machinery with limited power and specific for aesthetic use; the use of non-compliant equipment or incorrect parameter settings based on the client's phototype constitutes serious negligence. In the case of medical treatments, the professional is bound by an obligation of means, which implies adherence to the most up-to-date scientific guidelines. In both cases, the operator has the duty to correctly inform the patient about the risks through clear and complete informed consent, the absence or vagueness of which can itself constitute a ground for liability.
Types of compensable damages
The consequences of a poorly performed treatment are not limited to just a mark on the skin. The Italian legal system provides for compensation for various types of damages. Biological damage covers injury to the psychophysical integrity of the person, whether temporary (days of recovery and dressing) or permanent (residual scarring). Added to this is moral damage, understood as the inner suffering and subjective distress caused by the injurious event. Finally, it is possible to claim compensation for material damage, which includes all expenses incurred for the medical care necessary to remedy the error, such as dermatological visits, medications, and corrective treatments.
The approach of the Bianucci Law Firm
Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, handles cases of aesthetic medical malpractice and professional liability with a rigorous and analytical method. The firm's strategy involves, as a first step, a careful analysis of the documentation and, if necessary, the involvement of trusted legal and dermatological experts to accurately quantify the extent of biological and aesthetic damage. We do not limit ourselves to sending a generic request: every claim for compensation is built on solid evidentiary grounds, aiming to obtain fair redress in the pre-litigation phase by dealing directly with the opposing party's insurance companies. Only if the negotiated route does not lead to a satisfactory outcome will we proceed with legal action to protect the client's rights.
Frequently Asked Questions
Can I claim compensation even if I signed a release form before the treatment?
Yes, signing a liability waiver form does not exempt the operator or the facility from their responsibilities in cases of gross negligence, recklessness, or lack of skill. Italian law establishes that one cannot preemptively waive one's rights in case of physical injury caused by unprofessional conduct. Therefore, if the damage was caused by an error in the execution of the treatment, the release form has no legal value regarding the claim for compensation.
Who is responsible for the damage, the operator who performed the laser or the beauty salon?
Generally, responsibility falls on the facility (beauty salon or medical practice) that entered into the contract with the client, which is also liable for the actions of its employees or collaborators. In most cases, the claim for compensation is directed at the facility and, consequently, its insurance company. In specific situations, the operator may also be personally involved, especially if they acted completely independently or outside the facility's protocols.
How much time do I have to claim damages?
The statute of limitations varies depending on the nature of the liability. If acting for contractual liability (having paid for a service), the term is generally ten years. If, however, it constitutes non-contractual liability, the term is five years from the moment the damage manifested and was linked to the treatment. However, it is always advisable to act promptly to gather immediate photographic and documentary evidence, which is essential for the successful outcome of the case.
What should I do immediately after suffering a laser burn?
The first thing to do is to immediately document the damage with clear and dated photographs. Subsequently, it is essential to go to the emergency room or a dermatologist to obtain a medical report attesting to the nature of the injuries and their cause, prescribing the necessary treatment. Keep all receipts for medical and pharmaceutical expenses incurred. Avoid accepting partial reimbursements or free corrective treatments from the beauty salon before consulting a lawyer specializing in damages compensation, as this could jeopardize a subsequent claim for full compensation.
Request a case evaluation
If you have suffered burns, scars, or skin blemishes as a result of an aesthetic treatment, do not face the insurance companies alone. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is ready to listen to you and define the best strategy to obtain the compensation you are entitled to.