Compensation for Burns and Scars Resulting from Negligently Performed Cosmetic Procedures in Ontario

Cosmetic procedures like laser hair removal and fat freezing (cryolipolysis or CoolSculpting) promise aesthetic enhancements with minimal invasiveness. However, when these treatments are performed negligently, they can result in severe injuries such as burns, permanent scarring, and other complications, leaving victims with physical, emotional, and financial burdens. At PMP Law, we’ve seen the devastating impact of these injuries. This blog post focuses on the damages you may be entitled to if you’ve suffered harm from botched cosmetic procedures in Ontario and how we can help you pursue fair compensation.

Understanding the Injuries and Their Impact

Negligently performed laser hair removal can cause burns ranging from mild erythema to severe second- or third-degree burns, often resulting in blisters, swelling, or permanent scarring. Darker skin tones are particularly vulnerable due to improper laser settings targeting melanin, leading to thermal damage. Similarly, fat freezing can cause frostbite-like burns, skin necrosis, or paradoxical adipose hyperplasia (PAH), where fat tissue abnormally increases, requiring corrective surgery. These injuries can lead to:

• Physical Pain and Disfigurement: Burns and scars, especially on visible areas like the face or neck, can cause chronic pain and permanent changes in appearance, such as keloid scarring or hypopigmentation.

  
  

• Emotional Distress: Visible scars or disfigurement can lead to anxiety, depression, or loss of self-esteem, significantly affecting quality of life.

  
  

• Financial Strain: Medical treatments, lost income, and ongoing care needs can create substantial financial burdens.

Types of Damages in Ontario Personal Injury Claims

If you’ve suffered burns, scars, or related injuries from a negligent cosmetic procedure, you may be eligible for compensation under Ontario law. Below are the key types of damages you can pursue:

1. General Damages (Non-Pecuniary)

These compensate for non-financial losses, such as:

• Pain and Suffering: Compensation for physical pain from burns, blisters, or necrosis. For example, severe burns from laser hair removal may cause prolonged discomfort, warranting a general damages award.

  
  

• Emotional and Psychological Harm: Scarring or disfigurement, especially on visible areas, can lead to emotional distress, social withdrawal, or mental health challenges. Courts in Ontario recognize the profound impact of such injuries, particularly for younger individuals or those whose appearance is tied to their profession.

  
  

• Loss of Enjoyment of Life: Injuries that limit your ability to engage in hobbies, social activities, or daily routines may qualify for compensation. For instance, permanent scarring from fat freezing might restrict your confidence in wearing certain clothing.

General damages vary based on injury severity and impact. Ontario courts often reference similar cases, such as those involving botched cosmetic procedures, where awards for pain and suffering can range from $15,000.00 to over $100,000.00, depending on the extent of disfigurement and emotional toll.

2. Special Damages (Pecuniary)

These cover quantifiable financial losses, including:

• Medical Expenses: Costs for emergency care, burn treatments, scar revision surgeries, or dermatological consultations. For example, treating frostbite-like burns from fat freezing may require debridement or skin grafts, while PAH may necessitate surgical fat removal.

  
  

• Lost Income: If injuries prevent you from working—whether temporarily during recovery or permanently due to disfigurement affecting your career (e.g., modeling or public-facing roles)—you can claim lost wages. Future earning capacity losses are also considered if injuries impair long-term employability.

  
  

• Out-of-Pocket Expenses: Travel costs for medical appointments, medications, or specialized skincare products to manage burns or scars.

  
  

Special damages require detailed documentation, such as receipts, pay stubs, and medical records, to substantiate your claim.

3. Future Care Costs

Severe injuries may require ongoing treatments, such as:

• Reconstructive Surgeries: Multiple procedures to minimize scarring or correct PAH, which can cost thousands per session.

  
  

• Therapy and Counseling: Psychological support for emotional trauma caused by disfigurement.

  
  

• Long-Term Medical Care: Regular dermatologist visits or pain management for chronic issues stemming from burns or necrosis.

  
  

Ontario courts assess future care costs based on expert medical testimony, ensuring compensation reflects realistic, ongoing needs.

Case Examples and Potential Compensation

While every case is unique, past Ontario personal injury cases provide insight into potential awards:

• A PMP Law client with second-degree burns from laser hair removal, resulting in stomach scaring (resolved in 6 months) received $30,000 in general damages for pain and emotional distress.

  
  

• A PMP Law client that suffered a burn on the stomach (resolved in 9 months) after fat freezing treatment received $75,000.00 in general damages for pain and emotional distress.

Why Choose PMP Law?

PMP Law specializes in personal injury litigation. We have handed several cosmetic procedure cases and have obtained outcomes that exceed our clients' expectations.

Your legal team at PMP Law will work tirelessly to secure compensation for medical costs, lost income, pain, and future care, ensuring you’re not left bearing the cost of someone else’s negligence.

Contact PMP Law today at 905-412-2288 or ppatel@pmplaw.ca for a free consultation - you can also visit www.pmplaw.ca for more information.