Civil Liability in Aesthetic Treatments
Entrusting yourself to the care of an aesthetic center or a beauty professional should represent a moment of well-being, but unfortunately, cases where negligence, lack of skill, or the use of inadequate equipment transform a routine treatment into physical and psychological damage are not uncommon. Burns from waxing or laser treatments, infections from unsterilized manicures or pedicures, or adverse reactions to chemical products are situations that require a firm and competent legal response. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the impact these events can have on the daily life and self-esteem of the injured person. The Italian regulatory framework places a precise duty of care on the aesthetic operator: when this duty is breached, causing damage to the client, the right to compensation arises. This is not just about obtaining a refund for the treatment, but about assessing the entire spectrum of harmful consequences, which can include temporary or permanent biological damage, actual aesthetic damage, and moral suffering connected to the event.
Types of Damage and Burden of Proof
To successfully pursue a claim for damages, it is essential to understand the nature of the aesthetic center's liability, which is generally contractual. This means that the injured client must prove the existence of the contract (even if verbal or evidenced by a receipt) and the damage suffered, while the aesthetic center must demonstrate that it acted with due skill and that the damaging event was caused by unforeseen and unavoidable factors. From the perspective of an expert lawyer in compensation for damages, the investigative phase is crucial. It is necessary to immediately document the injuries through medical reports from emergency rooms or specialist dermatological visits that attest to the causal link between the aesthetic treatment and the resulting pathology. Compensation can cover various items: pecuniary damage, consisting of medical expenses incurred for treatment and any loss of earnings if the injury prevented work activity; biological damage, i.e., injury to psychophysical integrity ascertained by a medical examiner; and aesthetic damage, which is particularly relevant when visible scars or blemishes remain that alter the person's physical harmony.
The Approach of the Bianucci Law Firm
The Bianucci Law Firm handles cases of aesthetic medical malpractice and damages from incorrect treatments with a rigorous and analytical method. Avv. Marco Bianucci, thanks to his consolidated experience as an expert lawyer in compensation for damages in Milan, does not limit himself to sending a formal request for compensation but builds a solid defense strategy based on expert medical-legal opinions. The primary objective is always to reach an out-of-court settlement of the dispute, negotiating with the aesthetic center's insurance to obtain fair and prompt compensation, avoiding the lengthy proceedings of a civil trial whenever possible. However, if the opposing party denies responsibility or offers negligible amounts, the firm is prepared to defend the client's rights in court with determination. Each case is handled with the utmost confidentiality and sensitivity, aware that behind every scar there is a personal story that deserves to be heard and justice.
Frequently Asked Questions
I suffered a burn during a laser session, can I claim damages?
Absolutely yes. The use of equipment such as lasers requires specific skills and certifications. If the operator made a mistake in setting the power or did not correctly assess the skin phototype, causing burns, they are responsible for the damage. It is essential to go to the emergency room immediately to have the burn medically documented and to keep all documentation related to the treatment performed.
What happens if I signed a release form before the treatment?
Signing an informed consent form or a release does not exempt the aesthetic center from liability for fault or negligence. These documents serve to inform the client about general risks but do not authorize the operator to work unskillfully or imprudently. If the damage is caused by professional error, the release form has no preclusive value for claiming compensation.
How long do I have to take legal action against the aesthetic center?
The statute of limitations varies depending on whether contractual or non-contractual liability is established, but generally, there is a ten-year period for contractual liability and a five-year period for non-contractual liability. However, it is of fundamental importance to act promptly. Waiting too long can make it difficult to prove the causal link between the treatment and the damage, weakening the client's position.
Is aesthetic damage compensated separately?
Aesthetic damage, understood as a worsening of a person's external appearance (e.g., scars, discoloration), is usually included in the overall assessment of biological damage. However, in cases of particular severity or when the injury significantly affects the subject's social or professional life (consider a model or someone working in public contact), it may be evaluated and adjusted upwards to ensure full compensation for the prejudice suffered.
Request an Assessment of Your Case
If you have suffered physical harm as a result of an incorrectly performed aesthetic treatment, do not let time erase the evidence or your rights. Avv. Marco Bianucci is available to analyze your situation with professionalism and transparency, evaluating the feasibility of a claim for damages. Contact the Bianucci Law Firm for an initial consultation: together, we will define the best course of action to obtain justice and fair compensation for the damage suffered.