INSURANCE ISSUE-WHO IS LIABLE? beauty law

[misstariq]

hi there

I am an eyelash extensionist but tend to contract out other girls to do the lashes for clients for me(referralS)

One particular girl-who i have used a few times did a clients lashes-she is mobile so travelled to her-spent around 3 hrs and client was happy after appt.. the client is partially sighted in 1 eye and is under the hospital for glaucoma review.
she loved the lashes but the next day i received a call saying she was on the way to hospital as her eye was red and painful. she said after the appt, the eye was red but not painful and has got worse overnight.
she told me she thought the gel undereye pads felt like they were rubbing her eye during the procedure and she kept having to ask them to be lowered.
i advised her that she could go to the chemist to get some optrex eye wash and chloremphenicol which you can now get over the counter-though i did advise it was always best to get it checked out
when the lady came back from the hospital, she said the registrar told her there was an abrasion on each eye at the lower part of the eye. she also agreed that she felt the pad could be the reason for it. she said the the extensions would not make it worse and could be left on

when i asked what she would like to do, she said she wanted a full refund as she had taken a whole day out of work and taxi fares and the prescription for the antibiotic ointment.

I have asked to see documentation of the doctors report to assess prior to refunds being given. she wanted to keep the lashes.

there are 2 questions here

1. do i have to give her a full refund?
2. who is liable, my technician, or me, as a referral service?
3. prior to any appts being given, client agree to terms and conditions which state that any disputes must go throught hte tecnician directly and that i take no part in this, and also, a non refundable deposit is taken. the rest is paid to the technician.
4. the fact that she has kept the lashes-i felt it was a bit cheeky to ask for a full refund-but is this my problem or the technicians?-again since on my guidelines/terms i abstain myself from responsibility.
5. if the doctors reposrt states that there was just a superficial abrasion which has caused no permanent damage, then what?

i guess my biggest question is should i give the non refundable deposit back? and should the technician give a refund back

 

[weezie]

I would call your insurers but if it was me I would refund the lady and also offer her a free relaxing treatment for the stress she has been caused. Abrasions to the eye can be very serious so you are very lucky that nothing worse happened. This way you may be able to avoid a court case. Usually it is asked to someone making a claim if the person tried to rectify the situation.

There is no way this treatment should have been carried out on a person with glaucoma or any eye condition as if it gets worse they are bound to blame you regardless of whether any damage has been done. If this contraindication had been taken into account you wouldn't be in this situation. Whoever took the money from this lady should give it back to her and actually removing the lashes could cause more irritation especially if the remover was to get in her eye. Also maybe she is scared of being treated again by the same person who damaged her eye in the first place. I would also make sure that this never happens again, why if the lady complained of the scratching was the pad not moved? The woman is not being cheeky and I think it is pretty reasonable to only ask for a refund and no compensation for the stress and time she spent dealing with your technicians mistake.

If she is covered by your insurance you are liable as an employer and if she has her own she is liable but you are both morally responsible for insuring this lady is o.k.

 

[angelina221]

Glaucoma is not a contraindication so it's fine to do lashes for someone with this condition.
It sounds as though the pad was placed incorrectly and so scratched the eye or maybe even some of the gel has come out of the pad and caused irritation. I always place micropore tape over the bottom lashes and then place the pad a little further down as i have had gel escaping from pads.
I personally think the person who did the treatment is liable. Is she aware of the situation and if so, what are her views?

 

[weezie]

That's interesting as on my course I was told any eye condition was contraindicated. I had a client with glaucoma and it can be a very uncomfortable thing to have so any extra possible irritation around the eye is really best avoided. Also as it can lead to blindness so I would be worried that the client could blame something you did on her sight getting worse, even if it was nothing to do with you. It's the same reasoning as to why we don't massage pregnant ladies in the first trimester. If she is under review from the hospital I would assume this is a condition that is currently getting worse. Also she would have to keep touching her eyes to put in her eye drops. I just wouldn't risk it.

 

[spoilt]

When glaucoma is diagnosed . ir onset . the eye shape changes! so eye lid dosent seal correctly . some particles of glue . lash may enter the eye. get the client to take MDS sheet (medical data ) to consultant and get him to check and sign a consent form xx

 

[Just Hair Ins]

Problematical situation.

Any offer or refund will prejudice yours or the other girl's insurance company's position - laughable I know.

No form of acceptance letter (for refund in lieu of full and final settlement) will hold water if the matter goes to court and as per above point, if it all turns pear shaped your insurers will not entertain dealing with the claim - you would be on your own.

Your mobile girl would be in the firing line in respect of the reaction and this is reiterated by your disclaimer/ terms and conditions.

It would be interesting to find out if your customer complained directly to your mobile girl at the time of the treatment.

Refund policy is down to you, but be wary (see above comments/ points).
It is down to the customer (accompanied by medical documentation) to prove that you and/ or the mobile girl was liable for the abrasion/ distress

Questions for you:

1) Does your mobile girl have insurance?
2) You should verify any third party introduced by you to a customer is experienced/ qualified and has insurance (you should seek sight of this)
3) Was the customer asked specific questions about her health/ skin reactions or medical conditions?

Thus either attempt to handle the matter directly requesting input/ refund from mobile girl and risk the consequences if your customer still claims after agreeing a settlement or inform your insurers and ask them to handle the matter. Check that your mobile girl has insurance otherwise no indemnity via your policy as she performed the procedure – your freelance policy will not extend to mobile girl’s actions

Whatever you do, you must inform the mobile girl.

Hope this helps

 

[weezie]

I'd just like to add that when I was hurt by a salon treatment all I wanted was an apology and my money back, saying "sorry you got hurt" can help defuse the situation. You can be sorry it happened even if it is not your fault, you don't need to admit liability just offer some sympathy. At the end of the day if the lady sues she has a case as she was hurt, she doesn't seem to want to take it further though so I would just settle up! Or call your insurers and ask for legal advise.