Polski Dzial Glasgow City Council (‘GCC’) recently took the unprecedented step of banning several individuals and companies from performing cosmetic, injectable procedures in the city. These procedures include injecting dermal filler into parts of the body where they are not regulated for use. Namely, the breasts or buttocks.
In one incident that led to this step being taken, a woman required emergency hospital treatment following a non-surgical Brazilian Butt Lift (BBL) procedure in a Glasgow hotel function room in March 2024. The unregulated provider performing the procedure was the first to receive a Health & Safety Prohibition Notice issued by GCC Health Officers. The Notices prevent any further procedures being carried out by non-medical professionals within the Council’s boundaries. Since then, further Notices have been issued to other providers performing similar procedures across Glasgow.
If you have suffered injury, harm, or disfigurement because of an injectable, cosmetic procedure like this, what legal remedies are available to you? This blog will explain how Dallas McMillan Solicitors can assist you in the process, and potential obstacles in claiming for compensation.
Why are the bans necessary?
In Scotland, any medical professional performing cosmetic, injectable treatments must be registered with Healthcare Improvement Scotland (‘HIS’). This ensures they have suitable training and knowledge to allow them to perform procedures and treat any complications should they arise.
However, registration with HIS is only available to doctors, nurses, and dentists. The industry for non-professionals remains wildly unregulated. This distinct lack of regulation means that anyone can administer cosmetic, injectable treatments in Scotland.
The bans reflect an increasing number of non-medics administering injectable treatments to members of the public unaware of the registration process. The Council’s move aims to protect the public, deter other similar business practices, and reduce the likelihood of serious, permanent bodily harm.
How can I claim against a non-medic?
Those who fail to comply with GCC’s Prohibition Notices may face criminal proceedings against leading to imprisonment, a significant fine, or even both.
Regardless of criminal proceedings, those who have suffered injuries in Scotland can still pursue civil claims against those who have caused injury or harm.
There are several factors to be considered to determine whether you can pursue this type of claim. Broadly speaking, these are:
- That the injury – or the date you become aware of the harm or injury – is within the last 3 years.
- Whether the provider who caused you injury or harm has the appropriate insurance.
- If they do not have insurance, that they have the funds to compensate your injuries.
If the provider or their insurance are willing to deal with your claim, there is a risk that they dispute liability for causing your injuries or consider you partly responsible for contributing to your injuries.
In this instance, it is crucial to seek the advice of a solicitor specialising in Personal Injury.
How Dallas McMillan Solicitors Can Help You
Injuries caused by cosmetic treatments can be significant both physically and psychologically. Dallas McMillan can provide crucial assistance by:
- Assessing and evaluating the prospects of success for your case.
- Obtaining medical records, expert reports, and any other relevant evidence to substantiate your claim.
- Engaging with Insurers or their Solicitors and using our expert knowledge to secure a fair settlement amount.
- Raising a Court action on your behalf and representing you if a settlement cannot be reached.
Conclusion
With the unregulated injectable industry in Scotland recently described as the “worst in Europe”, Glasgow City Council’s decision to enforce Prohibition Notices have sent a clear message about prioritising safety.
For those who have suffered harm following cosmetic procedures at the hands of a non-medic, understanding your rights is critical. Dallas McMillan can provide the expertise and support needed to hold the correct party accountable and secure the compensation you deserve.
If you have any questions regarding a cosmetic injury claim, please contact me (alanis.hunt@dallasmcmillan.co.uk) or any other member of our Personal Injury department for a free, confidential consultation.