Liability in the Aesthetics Industry
Practicing in the field of aesthetics covers a broad range of treatments and procedures. As with any business, there is a liability to the specialist that should be considered carefully. Personal protection for yourself and for your business should not be overlooked. Individuals in the aesthetic industry should always carry insurance but there some important things to note to continually protect yourself. Professionals in the aesthetics industry must consider their liability and all situations that may arise that could put themselves and their business at risk unintentionally.
Possibilities of Financial Loss
- lost wages due to litigation and court hearings
- lost wages due to possible license revocation
- financial hardships due to retainer fees for legal representation
- extensive damages and possible loss of assets due to malpractice suits
The first thing that an individual in the aesthetics industry should be familiar with is some common legal terms that will affect their business. The first is what is known as an actionable lawsuit. This is when a legal case is filed and is considered to be legitimate due to facts and evidence. If a lawsuit is filed that is proved to be based on slander or there is no evidence to support the claim of the suit, it may be dismissed by a judge and would then be a non-actionable suit. This can be based on the opinion of a judge and how the law is interpreted, so please seek legal counsel should you find yourself in this possible circumstance. To help assist your own case should an actionable lawsuit occur against you or your business, it is imperative that you have intake waivers that are current and signed by every client that you perform services for. Personal protection should be taken for all clients including relatives and friends.
Gross Negligence and Willful Wanton Misconduct
In a legal sense, being charged with gross negligence is disregard or reckless for safety and reasonable care standards in your industry. Practicing in a negligent manner can cause serious and grave results to clients. Injuries resulting from this type of irresponsible practice, whether intentional or not, is punishable by law. They may cause serious financial devastation to your business and may also include the loss of your licensing. This is slightly different than the charge of Willful Wanton Misconduct which is deliberate and intentional actions that may result in an injury. The best thing that you can do for your business is to protect yourself before any legal situations arise by keeping current client intake forms, liability waivers, and continuing to keep your insurance and licensing for your local practicing area current and in good standing. Legal actions are no walk in the park but with protection in place, they are much less worrisome for yourself and your business.
Intake forms are a collection of basic information that should be utilized on all clients. Any client receiving a service whether it is a longtime customer or a personal friend should have an up to date intake form on file. Every client should complete and sign these forms! Your business depends on it. This information is important as it will give you current necessary health and emergency information for each client. These forms can prevent emergencies and major liabilities by listing health conditions and allergies. They may also list patient information in the case an emergency arises and you must contact emergency services on behalf of your client. Intake forms should be updated from time to time to keep client records accurate and current. Intake forms are just as important for aesthetic professionals as clients as they offer you protection for possible infections and information of communicable diseases. This allows you to take the necessary precautions in protecting yourself and your staff. You also have extensive client information should you need to locate them for non-payment and even future business marketing campaigns. Please visit the link posted below this post to access helpful intake forms for your use!
Legal Protection for Aesthetic Professionals
Legal protection is not guaranteed, even when practicing all the steps listed above. There are some circumstances in which you may still hold responsibility such as permanent injuries to clients, even if you have followed all industry standards. This is why it is important to consistently keep your policies, intake forms, insurance, and licensing up to date. Practicing good business protection standards will be an asset to you. A lawsuit that is filed against your business does not necessarily mean a judgment will be found against you, however, it is important to have safeguards in place to protect you. Insurance may provide you with funds for legal fees, but remain aware of the legal requirements in your area and please use the intake forms provided below. These can be altered to fit your own needs and business.