Do I have to sign a consent form before my treatment?
Unlike patch tests, there is no official legal requirement or regulation when it comes to the signing of consent forms before beauty treatments. If you have had more low-risk treatments done in the past, such as acrylic nails or eyelash extensions, then the chances are that you probably didn't have to sign any kind of consent form beforehand.
However, in more high-risk procedures such as fillers, chemical peels, or eyebrow microblading, it is common for beauticians and salons to ask customers to sign a consent form before their treatment. This is to ensure that the person completing the treatment is aware of any existing medical conditions that the client may have, medication that they are taking, and many other things. They also make the customer aware of any potential side effects, and ensure that they have consented to being made aware of these risks before going ahead with the treatment.
I did not sign a consent form for my treatment. Do I have a claim?
While many hair and beauty salons, and even mobile beauticians, are now regularly asking customers to sign consent forms before treatments, there is still no legal requirement for them to do so. Still, if they decided not to obtain a signed consent form before conducting a treatment, it may be easier for your as a customer to make a personal injury claim for any possible side effects or injuries obtained as a result of the treatment.
This is because there is no written evidence that they have made you aware of any potential side effets or risks involved with the treatment that they are performing on you, or that they have outlined the perameters of what the treatment will entail.
I signed a consent form or a legal disclaimer, can I still make a claim?
The short answer to this question is yes. If you have been injured as a result of a beauty treatment, regardless of whether you signed a disclaimer or consent form of any kind, you can be entitled to financial compensation. The salon or licensed beautician that you went to for your treatment owes you a duty of care, and Section 3 of the Health and Safety at Work Act of 1974 states that they must offer their services in a way that protects you from injury or pain.
Therefore, even if you have been asked by the establishment to sign a disclaimer regarding the risks involved, this does not entitle them to cause you injury of any kind.
Should I sign an consent form?
While you are still eligible to claim for injuries obtained in beauty treatments where a consent form was signed, our expert personal injury and medical negligence solicitors here at MG Legal would adivse you to always take the time to carefully read any consent forms or disclaimers before signing them.
While they are useful for both customers and beauticians alike, they can, on occasion, be used by establishments to evade responsibility for sub-par services and negligent treatment. Only sign a consent form if you are happy with what it says in terms of the service they are promsining you, and the potential side effects involved.