Case study of a a successful thread vein removal compensation claim
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We have won a thread vein removal compensation claim involving a client who sought cosmetic treatment for a number of visible facial thread veins on her upper cheeks and neck.
Following an internet search of local practitioners, she made contact with a clinic. She told the clinic that her skin was very sensitive and asked whether the procedure was suitable for her. She was reassured that the procedure was safe and that it would take only a few days for the skin to heal. On this basis she agreed to undergo removal of the thread veins using the vein wave procedure.
On the day of the treatment she repeated her concerns about her very sensitive skin, but was again reassured.
Following some apparent difficulty operating the vein wave machine the clinician applied an anaesthetic cream to our client’s face to numb the area. The clinician then left the patient while she went to top up her car parking money. On returning to the clinic, the clinician started the procedure, indicating to our client that there were further thread veins visible under magnification which could be treated at the same time at no extra cost. Although she was in pain and discomfort throughout the procedure, she consented to the additional treatment.
Immediately after treatment had been carried out our client’s skin was hot and visibly red and swollen. She was given a small amount of Binafine cream to assist with the healing.
However, her skin continued to remain red, hot and painful for the following fortnight and did not settle as expected. She made a number of telephone calls to the clinic to ask for help and advice, particularly as the cream she’d been given had run out. She was eventually reviewed in clinic approximately six weeks after the initial treatment. She was advised that nothing further could be done to help her.
She therefore consulted her GP. Not only was she concerned about her physical symptoms but she was also suffering from depression as a direct result of the treatment and did not want to leave the house.
The GP referred her to a Dermatologist at Salford Royal Hospital who confirmed that she had scarring and pitting which could take several years to heal.
We were therefore asked to review the legal position and consider whether she had grounds for making a thread vein removal compensation claim.
We felt the clinic was at fault for failing to carry out a patch test prior to starting treatment, particularly in light of her very sensitive skin. We also concluded that our client had not been adequately warned about the potential complications or side effects of the treatment.
We pursued the claim under a ‘No Win, No Fee’ agreement, which meant that our client did not need to worry about funding her legal costs.
The clinic’s insurers immediately recognised that there was no defence and issued an admission of liability,
An expert Consultant Dermatologist prepared a medical report on our client’s medical condition and this enabled us to reach an out of court settlement of our client’s claim.