What You Need to Know

Scotland may soon become the first part of the UK to introduce comprehensive regulation of the non-surgical beauty industry. Treatments such as Botox, dermal fillers and chemical peels have grown hugely in popularity in recent years. While usually safe when carried out by trained professionals, these procedures can cause serious harm if performed negligently. 

At Khan Law, we specialise in personal injury claims arising from botched cosmetic procedures. Here’s what the new legislation could mean for patients — and what you can claim if you have already suffered an injury. 

Why Is New Regulation Needed?

• Currently, non-surgical cosmetic procedures in Scotland sit in a regulatory grey area. While doctors, nurses and dentists are regulated, beauty therapists can legally perform many procedures without the same training or oversight. This has led to: 
  • Rising reports of botched procedures and serious complications 
  • Increased strain on the NHS to correct mistakes 
  • Concerns over misleading advertising targeting vulnerable people 
  • Poor communication of risks to customers                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

The Scottish Government has responded with the Non-Surgical Cosmetics Procedures Bill, aimed at improving patient safety, raising standards, and bringing accountability to the industry. 

Key Features of the Non-Surgical Cosmetics Procedures Bill 

Licensing
If passed, the Bill will require practitioners to obtain a licence before carrying out non-surgical cosmetic treatments. This should ensure higher standards of training, qualifications and — crucially for patients — proper insurance. 

Age Restrictions
The Bill is expected to ban certain procedures for under-18s, reducing the risk of young people being influenced by aggressive marketing. 

Stricter Advertising Rules
Practitioners will face tighter controls on advertising, especially around exaggerated claims or promotions aimed at young audiences. 

Enforcement Powers
Local councils will gain the authority to inspect, fine, and even close down unlicensed practitioners. 

What Does This Mean for Patients? 

If passed, the Bill will: 

• Improve standards of treatment and aftercare 

• Reduce the risks associated with unqualified providers 

• Ensure that patients injured by negligent procedures are better able to pursue compensation 

However, even with regulation, mistakes can and do happen. If you have already suffered harm, you may have a right to bring a personal injury claim under Scots law. 

What Can I Claim For If I’m Injured? 

If negligence is proven, you may be able to claim compensation for: 

General Damages (pain and suffering): 

• Pain and discomfort caused by the procedure or complications 

• Scarring, disfigurement or long-term changes to your appearance 

• Psychological injury, including anxiety, depression or loss of confidence 

• Loss of enjoyment of day-to-day life 

Special Damages (financial losses): 

• Medical expenses such as corrective surgery, hospital treatment, prescriptions and counselling 

• Future care needs if ongoing treatment is required 

• Loss of earnings or reduced ability to work 

• Travel expenses to and from medical appointments 

• Other out-of-pocket expenses linked to your injury 

FAQs About Cosmetic Injury Claims in Scotland 

1. What counts as a “non-surgical cosmetic procedure”?
   This includes treatments such as dermal fillers, Botox, chemical peels, laser skin resurfacing, lip enhancements and micro-needling.
2. Can I claim if I just don’t like the results?
   No. You need to prove negligence — meaning your practitioner failed to meet a reasonable standard of care, causing actual harm (such as scarring, infection, or nerve damage).
3. How long do I have to make a claim?
   Under the Prescription and Limitation (Scotland) Act 1973, you generally have three years from the date of the procedure or from when you became aware of the injury. For those under 18, the three years usually run from your 16th birthday.
4. Do I need medical evidence?
   Yes. Medical reports are vital to prove your injuries. Khan Law can arrange independent expert assessments on your behalf.
5. Can I claim if my practitioner was unlicensed or working from home?
   Yes. In fact, these cases often involve the greatest risks. You may still be entitled to compensation if negligence can be shown.
6. How much compensation could I receive?
   It depends on the seriousness of your injuries, long-term effects, and financial losses. Facial scarring, disfigurement and psychological harm can attract higher awards.
7. What does “No Win, No Fee” mean?
   At Khan Law, most cosmetic injury claims are handled on a No Win, No Fee basis. You pay nothing upfront — and if your claim is unsuccessful, you do not pay our legal fees.
8. How do I start a claim?
   Contact Khan Law for a free consultation. We will assess your case, gather evidence, and guide you through the process.

Conclusion 

The Non-Surgical Cosmetics Procedures Bill is a welcome step towards regulating Scotland’s beauty industry, but regulation alone cannot prevent every injury. If you have suffered harm because of a negligent cosmetic procedure, you may be entitled to compensation. 

At Khan Law, our specialist personal injury solicitors can help you secure the justice and financial support you deserve.