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Injuries caused by non-surgical cosmetic procedures

Non-surgical cosmetic procedures are growing in popularity. Treatments like dermal fillers, Botox injections, microneedling, chemical peels, and laser treatments are widely available across Scotland, often from independent salons and clinics operating with very little formal oversight.

And when these treatments go wrong, the consequences can be incredibly serious. Injuries range from infections and scarring to nerve damage and long-term disfigurement, and more.

If you’ve been harmed following a non-surgical cosmetic procedure, you may have grounds to make a personal injury claim.

What counts as a non-surgical cosmetic procedure?

Non-surgical cosmetic procedures are generally carried out for aesthetic purposes. They include any treatment that pierces or penetrates the skin barrier by means of a needle, chemical, heat or cold, light, sound, or electricity.

Common examples of non-surgical cosmetic procedures include:

Dermal fillers and lip enhancements
Botox and other injectable treatments
Microneedling
Chemical peels
Laser skin resurfacing and laser hair removal
Thread lifts
Eyebrow and eyelash tints
Nail treatments
Teeth whitening
Microblading.

All of the above are widely available, but it doesn’t mean they’re always safe, even when carried out by a trained and experienced practitioner. Unfortunately, many are performed by someone who lacks the right qualifications, uses substandard products, or fails to follow appropriate safety procedures, which increases the risks involved.

Why injuries happen

Until recently, non-surgical cosmetic procedures in Scotland sat in a regulatory grey area, with relatively limited and fragmented regulation, particularly outside regulated healthcare professions.

Unlike medical professionals, beauty therapists and independent aesthetic practitioners didn’t need qualifications to perform many treatments. So, essentially, almost anyone could legally offer injectable treatments or skin procedures.

This has contributed to a rise in reported injuries and complications. Common causes of harm include:

Incorrect placement of filler or Botox
Over-application of injectables
Use of unsuitable or contaminated products
Inadequate aftercare
Failure to identify contraindications before treatment begins.

Injuries can vary in severity and include:

Drooping eyelids
Asymmetry of the face
Lumps or granulomas
Allergic reactions
Skin burns
Scarring
Bruising and blistering
Fungal infections
Lacerations
Hair loss or damage (if applicable to the procedure)
Infection.

In serious cases, vascular occlusion can also occur. This is when filler is injected into or near a blood vessel, causing tissue damage. Some procedures, such as eyebrow tattooing or microblading, also carry risks of scarring, colour changes, or allergic reactions to the pigments used.

Scotland's new regulatory framework

In March 2026, the Scottish Parliament passed the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill. It received Royal Assent, becoming an Act, on 12th May 2026. It is expected to come into force in September 2027.

The legislation requires certain procedures to be carried out on premises that meet defined standards. Procedures must be performed by, or alongside, certain healthcare professionals in a registered setting. It also introduces a complete ban on many non-surgical procedures for anyone under the age of 18.

While these reforms represent a significant step forward, they apply to procedures carried out after the legislation comes into force. So, if you have already suffered harm, the question of whether you can make a claim depends on the circumstances of your treatment and the actions of the practitioner involved.

Making a personal injury claim for non-surgical cosmetic procedures

To secure financial compensation after a damaging procedure, you must establish three core elements:

The practitioner owed you a duty of care
They breached that duty
Their mistake directly caused your injury.

In Scotland, the legal test for proving a "breach of duty" changes depending on who treated you.

If a medical professional treated you

If a registered medical practitioner performed your procedure, Scottish courts judge them against a professional standard known as the Hunter v Hanley test for medical negligence.

To win your personal injury claim in this scenario, you must prove:

There is an accepted, normal practice for carrying out the treatment.
The practitioner failed to follow the accepted practice.
No professional of ordinary skill would have done the same if they were acting with reasonable care.

If an unregulated practitioner treated you

If you went to a beauty therapist or an aesthetician without medical qualifications, the court looks at what a reasonably competent person providing that service should have done.

Evidence that a practitioner ignored basic hygiene or manufacturer safety guidelines may support a negligence claim. Practitioners must also obtain your informed consent before treatment, clearly explain material risks, and offer reasonable alternatives. Failing to warn you of risks can form the basis of your claim.

However, the lack of formal industry standards means gathering strong evidence is important. Also, under the Prescription and Limitation (Scotland) Act 1973, you have a three-year time limit to make a legal claim. This starts on the day of the procedure or the date you first became aware of the injury.

And because building these cases requires securing expert medical opinions, you should seek legal advice as quickly as possible.

How we can help

At Allan McDougall Solicitors, our personal injury team advises clients across Scotland on claims arising from negligent cosmetic procedures. We can assess your claim, explain your options, and guide you through the process from start to finish.

We also pride ourselves on a client-first approach, explaining everything clearly and keeping you informed at all times. Our team operates with no-win, no-fee funding for injuries caused by non-surgical cosmetic procedures, too, so you only pay if your claim is successful.

If you’ve suffered harm following a non-surgical cosmetic procedure and want to understand your legal position, contact our personal injury team for confidential advice.

Contact us

Email us
Call our personal injury claims team free on 0808 560 0872
Arrange a callback by using our enquiry form

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