At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client is a young woman who had frequently attended a beauty clinic in south west sydney region for laser hair removal treatment when the technician increased the strength of the laser equipment, and as a result our client suffered serious burn injuries to extremely sensitive areas being her buttocks, the back of her thighs and the left side of the gluteal cleft. The client reported the injury to the manager of the beauty clinic, and she was asked to come into to the clinic so that they can inspect the injury. The manager of the beauty clinic offered to do an LED treatment which she was advised would speed up the healing process. She was also provided a soothing serum to apply in the morning and night.
During another later session soon after, the technician providing the client treatment and told that she would go over the affected areas however on a reduced setting. The technician assured the client that this was safe and proceeded to go over the affected areas with the laser treatment. This subsequently caused further severe burn injuries and an aggravation of the initial injuries suffered by her whilst at the clinic.
The client proceeded to email the beauty clinic’s company manager however she never received a response. Our client contacted GMP to assist her in bringing a claim in negligence against the laser hair removal provider. We sent a letter of demand to the beauty clinic however the letter was ignored, and they were not compliance with our requests. We commenced court proceedings in negligence against the beauty clinic for failing to take any adequate precaution for the safety of our client and failing to provide competent and qualified appropriate employee to operate the necessary laser equipment and provide treatment to our client.
The client suffered injury as a result of the technician’s negligence. The technicians that caused the client to sustain her injuries did not have the proper training to understand the difference concentrations and processes for particular hair follicles and skin types. The beauty clinic failed to employ competent and qualified operators and allowed our client to undergo treatment whilst underqualified persons operated the necessary equipment. The beauty clinic sought to rely upon the signed waiver by the client, however this did not protect it against negligence of its employees in breaching statutory regulations and failing to follow proper processes and procedures in hair laser removal treatment to customers.
In terms of ongoing symptoms, the client continued to have very large areas of dark hyperpigmentation and discoloration in her natal cleft and inner and front thighs, which are obvious and permanent in nature. Due to the shock of the incident, the client then developed psychological sequel and was diagnosed with major depressive disorder. Due to the nature of the injuries, the client suffers from severe embarrassment and is self-conscious about the disfigurement. The client struggles maintaining relationships due to her lack of confidence.
The client engaged in various forms of treatment in an attempt to heal the burns. The client was referred from her family doctor to a dermatologist and a plastic surgeon specialist for further advice. The client’s specialists recommended she undergo PICO laser treatment to reduce and remove the pigmentation.
The treatment was largely ineffective and unsuccessful, and the client continued to have very large areas of discoloration and pigmentation. The client was advised by her specialists that there was no further treatment available and she would be left with permanent scarring. We arranged for our client to be independently assessed in relation to her injuries and continuing disabilities arising from the incident. We obtained evidence from a plastic and reconstructive surgeon who found that the client was suffering from 40% whole person impairment as a result of the subject incident and her injuries were permanent.
The court listed the matter for hearing and the medical and liability experts were required to attend court to give evidence in the proceedings. Our client was very pleased with the outcome of the court decision in her favour. If you are a lawful entrant, customer or a visitor on premises and you suffer serious injuries as a result of the negligence of another party you may be entitled to damages in compensation as a result of your injuries, losses and damages arising from the accident. You would need to establish negligence against the other party to succeed in the claim.
This case is a clear illustration of the duty of care, obligations and responsibilities of the owners of beauty clinics to ensure that they and their staff carry out the hair laser removal treatment in a safe manner, in accordance with the safety regulations, and that they follow the proper protocols, processes and procedures in place in respect of hair laser removal treatment to their customers whilst they are on their premises.
For a free no obligation consultation please contact our toll-free number on 1300 768 780 so that an appointment can be arranged to attend our office to protect your legal rights arising from your injury.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
Case Overview At the time of her injury, our client was working as a cleaner at a private residence in Kurrajong. During the course of
Case Overview We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. The other driver collided into our
Case Overview We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
Your location is currently:
