Eyelash tinting gone wrong -could be sued?!

[july]

Dear Geeks, I haven't posted here in a while. I've open my salon 8mths ago and it's going really well. I have a full time therapist and I work there full time.
We had client coming in, she booked for eyelash tint, manicure and eye treatment for the following Friday. It was Monday. I did a patch test behind her ear and gave her advise as to what to do if it's itchy etc.
I didn't fill in a form for her.
On Friday she came and the other therapist was booked to do the treatment. When the lady came she said her patch test was fine, went ahead with the treatments.
On Monday I was by myself when she came in. One of her eyes was red. She said her eyes were really itchy and couldn't open them. When she did open them they were blood red. I was shocked as the test was fine. I said I would do another test on the other side and contact the manufacturer for advise. She said "I'm not after anything, just wanted to make u aware".
I asked her to call me to let me know. She called the next day and talked with the other therapist. Patch test as fine on the other side but had thought it throiugh and wanted a refund and a free treatment of her choice. That really annoyed me. I called her back and offered a refund OR a free mini treatment. She said she'll think about it and let me know.
She called today to ask if I could give her the name and number of the manufacturer of the tint (Strictly professional).
What do you, guys, think?
I don't feel I've done anything wrong and while I do feel sorry for her I feel she's milking it and wanting a freebie.
Your thoughts much appreciated!!!
July

 

[EMMA AT ELITE]

How stressful for you!

I think you have completly done the right thing, and I really cant see how she can sue you. On what grounds?! You carried out a patch test, thats all you can do before a new client has a tint for the first time.
It might not have even been the tinting!
If it was how comes both eyes arent like it?
You surely cant have a reaction on one eye and not the other? or can you?
Does she wear contact lenses?
Did she complain of stinging during or after tinting?
Has she been to the doctors?

I think as a good will gesture thats nice of you to offer her what you have.

Keep us updated
Try not to worry, I know its easier said than done, but remember you have done everything you was suppose to your end!

Love Emma x:hug:x

 

[kylieb]

Oh hun i'm really sorry this has happened to you and I really hate to say it but personally I would be bending over backwards to make it up to this client. Ok, you shouldnt have to and you wouldnt have to if you had filled out the form but hey ho we are all human and make mistakes.
She sounds like she is milking it and to be honest i'd let her milk it a refund and a free treatment is a small price to pay seeing as you could be sued.
I dont think you are fully to blame as your therapist should have asked her to confirm the patch test at her actual appointment and sign to say it was ok.
I hope nothing comes of it hun xxx

 

[allyballybee]

I would contact your insurance company and see what they have to say. I'd be inclined to offer her something, but it sounds like you did right in doing patch test etc, although giving her something free could be like admitting liabilty. Maybe getting round it by calling it a goodwill gesture would be better.

Don't worry about it hun, I'm sure it I'll be fine, but I would always check with insurance, just to be on the safe side.

xxx

 

[Velveteen]

What do you, guys, think?

Sounds like she's spoken to someone.

This may well be a fair call as the client may not be able to articulate her needs. For example, my mother got a poor hair service and rather than complain, she put up with it. I know a lot of people like this: they don't want "to make a fuss".

For me, customer service demands that I give the client the benefit of the doubt, especially if she's not storming the salon threatening litigation which, if she really felt inclined, could reasonably do. (Obviously there are other aspects to consider such as onus of proof and the quality of the duty of care etc but irrespective of who wins, litigation is a costly, stressful exercise).

Personally, I'd express clear concern (a profuse apology about her apparent condition doesn't mean you're admitting liability but is exhibiting a caring attitude) and give her the treatment or whatever it is she wants. If it's at all possible, I would take a photograph of the woman's alleged injury and would send this to the manufacturer for comment.

A patch test, while a precautionary measure, isn't a one size fits all protective measure as it doesn't account for other possibilities such as a delayed histamine reaction (which I've seen happen), makeup irritation or other factors. Again, that doesn't mean you're wrong here. It's just a consideration to take into account when you're carrying out treatments of this kind.

Good luck and let us know how it pans out for you.

 

[tigi]

well, I cant see how she could sue. you performed the patch test , it showed nothing and so from that evidence you went ahead. SO from that angle, you are covered surely? (your insurance would be able to clarify).

Maybe you need to call her to see how she is doing and then ask her why she feels a refund and free treatment is in order. maybe once you have heard her reasoning you can will be able to come to a mutually agreeable arrangement.

I wouldnt offer her a refund and mini treatment, you did nothing wrong. you followed correct procedure and i would explain this to her, and so I am wondering why she thinks she should deserve what she wants. If it were me i would instead offer her a reduction (the cost of the tint) off another treatment that did not involve the face , such as a mani or pedi.

Its horrible when things go wrong, especially through no fault of your own! But it didnt happen because you were negligent. you did all you could as far as I can see.

tigi

 

[orchid11]

I had a new client come to me after a similar experience elsewhere. Had a patch test, was fine, during the removal of tint she said it had stung quite a bit. The next day she had extremely sore, bloodshot eyes, the actual pupil not just around the eyes, it got so bad she went to a&e (don't mean to scare you!), and was told due to the tint going into her eye the peroxide had burnt her eye! So it wasnt an allergic reaction it was a burn!

Shes fine now after a course of eyedrops and check up from the hospital.

I know this is an extreme case but may be worth checking with your client how it felt during the tint and removal of it, maybe some went into her eye?

 

[heatherp]

Hi hun,
Maybe I'm a softie, but I tend to agree with most of the others. I would do as she asks and give her a refund and treatment, I think its a small price to pay to make it go away and also risk her bad mouthing you to others. As allyballybee said I'd call it a gesture of goodwill and I'd also try to arrange it at a quiet time for you so as you do not miss out on peak trade.
I would follow up with the manufacturer as has also been said, you say you carried out a patch test, but did you get her to sign a consultation form to say that all was ok?
I do know how you feel, I would be miffed underneath but would just smile sweetly as we have to do sometimes :hug:
Hope you get it sorted.
H xx

 

[persianista]

I have caused an enormous allergic reaction on a client who was ok on the patch test. It is horrid and uncomfortable for the poor lady.
The tint manufacturer took over as the client had a documented patch test.
How you deal with this client now determines if you retain her, and her friends as clients in the future.
Personally I would be as kind and generous as possible in this situation rather than accusing someone in discomfort as "milking it"

 

[bombini]

You say you haven't got her to fill in a form ? Does this mean you don't have a consultation card of any kind or any documentation about the treatment or test ? Its crucial to get a client to sign that they have had a positive/negative reaction to a test.

From an insurance point of view I think this may be a big problem if you haven't got anything signed from her as it is her word against yours. She may well have been to doctors and taken photographs already for her own reasons. I think you need to get in contact with your insurance and the tint manufactor ASAP

I don't agree with her milking it, her symptoms don't sound at all pleasant.

Im not really sure what to suggest other than offering her an immediate refund, contacting your insurance company and hoping that she suffers no lasting damage. I would also offer a free treatment as gesture of goodwill and whilst she is in get her to sign a card saying that she had a test with no reaction.

 

[Lynne Baker]

If it were you in a similar situation what would you want to happen to you?

 

[FlawlessBeauty]

I know that this isn't your fault, but it isn't the client's fault either.

Lesson learned that from now on you get a client to sign that they have had a negative patch test.

Did any tint go in her eye? I'm just curious. Check with your therapist to see if anything out of the ordinary happened.

Tell her to see her GP. If its an allergy or something she might need some medication or eye drops.

As the others said, bend over backwards. Refund her and offer her a relaxing treatment such as a 30 minute massage. It will help stop her stressing and only costs you a little bit of oil and some time.

Phone her or send a nice card, checking on how she is feeling and reassure her that this is not a common occurance and you are looking into it. If you are good to her, she could become a client for life.

Remember, bad news travels faster than good. What is going to cost you more..a massage or your reputation?

 

[jes]

Patch tests aren't foolproof, that's why we have insurance. However to be covered by insurance you have to conform their requirements and basic health and safety rules. Reading your post it sounds like you didn't check the patch test yourself, you didn't record the results and you didn't complete a client consultation form. Basically IMHO you have void your insurance. To make things worse, when she returned, to show you her reaction you should have sent her straight to her doctors with copies of the MSDS for the products used and not argued over freebies!

I really hope you 'get away with it' but please follow the correct procedures in the future, especially when your working on something as delicate as eyes and some as important as vision. The great American soul singer Ray Charles, allegedly, went blind as a child after getting an eye infection, caused by simply getting soapy water, in his eyes

 

[Bed Bunny]

it may be nothing to do with the tint or the peroxide. it could be conjunctivitis as this makes the eyes red itchy swollen and sore and often one eye is affected more than the other.

i am not saying she could have got it from your salon, it could just be a coincidence that she developed it then. it's very common, very easily spread yet can be very sudden and severe. I should know, i've had it several times.

Hope it all works out for you. it sounds like you have done absolutely everything right and i don't see how she could possibly sue you!

BB
x

 

[Lynne Baker]

it sounds like you have done absolutely everything right and i don't see how she could possibly sue you!

BB
x

There are several things this therapist could have done differently. Filling out a consultation form is just one of them. Getting the client to sign to say that she had a negative patch test is another.

 

[nailzoo]

Performing a test patch only means that (a test patch), if you get that crap in her eye, it becomes way more than test patch.

It can elevate to malpractice.

Just because the skin doesn't react doesn't mean they can tolerate an eyeful of tint.

A patchtest is about the skin, not how the eye itself will react.

 

[biff]

Hi all , just signed up to the salon geek,hoping for a little empathy!
I myself am going through a court case alone and unaided( my insurance wont help)I am a therapist of 10 years and have been self employed for 8 of those and I am usually a stickler for protocol.Unfortunately I made a mistake and tinted a young girls lashes(she was 16) without a tint test and the poor soul had a bad reaction.
I work part time with another therapist who booked the treatment and presumed that she had undertaken a tint test WRONG!!!
I never asked my collegue and she never told me so it was well and truly my own fault.I am so angry with myself for letting myself and my profession down not to mention 10 years worth of reputation!!
The ironic thing is I have many associates in the business who think nothing of carrying out a ELT without a patch test, but I am just too ashamed to tell them what I am going through.
You always think that it can never happen to you but it can and it does.

 

[kezza*]

I know it's scarey sending someone to A&E or to the Doctors but it's aways the best bet, especailly when it's the eyes. What advise did you give her after she came to see you????
Every insurance company is different but I ahve noticed that other the years they seem to be hotting up on ELT. A previous company wanted a patch test everytime a tint is done and my current insurance is everytime a new client or someone who hasn't had a tint before has a patch test and there after once a year a new test is done. Patch test is there for our own protection and if some like this happens it covers you and this again is why record cards are important.
As for a refund could you not give a gift voucher that way she may return and how you deal with things and your custom care is what win clients confidence back.
A previous salon I worked in when I was on holiday another therapist took over my elecrtolysis clients, when I came back the clients where complaining the therapist had burnt them, of course never told the clients it was burnt even though a couple of clients said it was a burn I gave them FREE aloe vera gel told them to keep applying a good layer over it and give it a week and it should have carmed down and gave them FREE treatments of elevtrolysis, and I kept everyone of these clients.
You should do everything you can right now to keep that client happy you may find your insurance company may not insurance you if you don't have your record card correct. And if nothing comes of this just remember your listen.
Thank luck hope everything sorts itself out.

 

[Blue Rose]

I learnt a long time ago & unfortunately the hard way, that more often than not, it's not the problem that is the problem, it's how you deal with it that's the problem! (if that makes sense?)

If the client is wanting a free treatment & refund then do it. Now is not really a time to be getting arsey about giving away a bit of time & a small amount of product cost.

It's surprising how far just an apology can go. We're always told not to apologise because it makes us sound liable but long story short, I got sued a few years back after a client reaction (not for an ELT) and all because I didn't apologise & phone after a couple of days to see how she was.

I'm sure many lessons for all of us can be learnt from this, not least to make sure we all fill in our record cards correctly & show some empathy to clients!

 

[EMMA AT ELITE]

Hi all , just signed up to the salon geek,hoping for a little empathy!
I myself am going through a court case alone and unaided( my insurance wont help)I am a therapist of 10 years and have been self employed for 8 of those and I am usually a stickler for protocol.Unfortunately I made a mistake and tinted a young girls lashes(she was 16) without a tint test and the poor soul had a bad reaction.
I work part time with another therapist who booked the treatment and presumed that she had undertaken a tint test WRONG!!!
I never asked my collegue and she never told me so it was well and truly my own fault.I am so angry with myself for letting myself and my profession down not to mention 10 years worth of reputation!!
The ironic thing is I have many associates in the business who think nothing of carrying out a ELT without a patch test, but I am just too ashamed to tell them what I am going through.
You always think that it can never happen to you but it can and it does.

Oh I really feel for you,
What insurance company are you with?
If a client really wanted a eyelash tint without prior patch test, would we be covered if will ask them to sign to say they gave their permission for the tint to be done without a patch test?