Can Clients Sue For An Undesirable Aesthetic Outcome?
An increasing number of Americans are opting for aesthetic procedures, and many are turning to medspas for this purpose. Most of the time, they are satisfied with the results. Sometimes, however, clients are highly dissatisfied with the outcome of their aesthetic procedure, whether it is Botox or laser skin resurfacing. When dissatisfaction turns into threats of legal action, many providers are left wondering whether a client will actually file a lawsuit against a medspa over an aesthetic result they do not like. This is what med spa owners should know about the legal risks associated with aesthetic treatments and how to protect their businesses.
Why Clients Might Be Dissatisfied With Aesthetic Procedure Outcomes
Clients may be dissatisfied with the outcomes of aesthetic procedures for various reasons. Here are some of the most common factors that contribute to client dissatisfaction:
- Poor communication. Misunderstandings between client and provider about goals or expected outcomes can lead to dissatisfaction.
- Post-procedure side effects. Swelling, bruising, or prolonged recovery time can affect satisfaction.
- Subtle results. Even successful procedures can be disappointing if the outcome is less noticeable than the client had anticipated.
- Unrealistic expectations. Clients may expect dramatic or immediate results that are not medically achievable.
Can MedSpa Clients Really Sue Simply Because They Are Unhappy With the Results?
Many medspa clients pursue cosmetic procedures with elevated, sometimes unrealistic, expectations. Whether this is caused by social media, celebrity makeovers, or persuasive marketing, they can develop unrealistic expectations of the procedure’s outcomes. It does not seem fair to hold a med spa owner liable because a single Botox treatment, for instance, does not shave decades off a person’s appearance.
From a legal standpoint, dissatisfaction with an aesthetic outcome alone is not sufficient to sue for damages. The client must typically demonstrate more than unmet expectations. They must prove that the provider failed to meet the accepted standard of care, acted negligently, or did not secure proper informed consent prior to the procedure. These are a few instances where a client who underwent an aesthetic procedure at the medspa and was unhappy with the results could potentially file a lawsuit.
Lack of Informed Consent
Even if the procedure is technically performed correctly, a provider can be liable if they fail to adequately inform the client of the risks, benefits, and alternatives prior to the procedure. Informed consent must include:
- The nature and purpose of the procedure
- Common and serious risks
- Expected outcomes and limitations
- Alternatives to the procedure, including doing nothing
Fraud or Misrepresentation
Some providers may promise unrealistic results or hide key facts about their qualifications, success rates, or product use. They can do this through their advertisements or through conversations with the client. If a client relies on false representations when deciding to undergo treatment, and that leads to harm, the provider may be liable for fraud.
These are some examples of fraud or misrepresentation:
- Claiming to be board-certified when not
- Using non-FDA-approved products but representing
- Falsely advertising permanent or risk-free results
- Promising completely unrealistic results from what a service can legitimately provide
Medical Malpractice in the MedSpa Setting
If a provider breaches the standard of care, resulting in harm to a client, the client may file a lawsuit against the provider. For example, if a laser technician causes burns because they failed to follow protocols or a nurse injects filler into a blood vessel, that can trigger a medical malpractice claim. This case differs from those in which the practitioner performed the procedure correctly, but the patient is dissatisfied with the results.
Proactively Defending Against Claims
It is best to defend against potential claims by medspa clients before they happen. Here is some advice to keep in mind:
- Use clear, customized consent forms. Generic templates may not provide adequate protection. Tailor consent documents to each procedure, outlining specific risks, benefits, and possible outcomes in plain, understandable language.
- Document all communications and procedures. Keep detailed records of consultations, client questions, pre-treatment photos, post-care instructions, and any follow-up discussions.
- Provide realistic outcomes with visual aids or simulations. Clients may have an idealized vision of their results. Use before-and-after photos, digital simulations, or standardized outcome disclaimers to help manage expectations and clarify what the treatment can and cannot achieve.
- Ensure that staff are properly trained and supervised. Confirm that all providers are licensed, well-trained, and working within their legal scope of practice. Regularly update training on both clinical protocols and patient communication.
Managing Disputes
Disputes are inevitable. It is wise for medspas to have a plan to manage disputes to prevent the situation from escalating to litigation. If a client is unhappy with the results of a procedure, it may be wise to offer a refund or spa credit. While this can be frustrating, especially if you believe the treatment was successful, it shows goodwill and allows the client to either have the service redone or apply the credit toward another treatment. Offering a complimentary touch-up or follow-up treatment can also help resolve dissatisfaction. For example, if a client feels their Botox results were insufficient, a free follow-up injection or facial might address their concerns.
After the issue has been addressed, following up with the client is key. A quick call or email to check in shows that their satisfaction matters. This personal touch can help prevent negative reviews and build long-term loyalty. Clients who feel heard and supported are more likely to return and recommend your business, even if the initial results were not ideal.
Contact a MedSpa Attorney
Even when a medspa has done everything right for a client, a dissatisfied client can potentially cause a costly legal dispute. If your med spa is facing a complaint or if you simply want to protect your business from lawsuits by dissatisfied customers, it is essential to consult an experienced medspa attorney. They can help with risk management, establishing policies and procedures to avoid complaints, and developing a response to avoid litigation. Contact us for immediate assistance.