Aesthetic treatments are widely perceived as safe and routine, but when something goes wrong, the consequences can be serious. This article explains your legal rights and options if treatment does not go as planned.
In recent years, Malaysia has seen a significant rise in demand for aesthetic and beauty treatments. From laser procedures and skin therapies to injectables and other minimally invasive treatments, these services are now more accessible than ever. They are offered not only in medical clinics but also increasingly in beauty salons, often marketed as quick, affordable, and low-risk solutions.
However, this rapid growth has also led to a corresponding increase in complications. Cases involving burns, infections, scarring, and unsatisfactory results have become common, particularly where treatments are performed by unqualified or inexperienced therapists.
Understanding your legal rights is the first step toward holding the responsible party accountable and seeking appropriate compensation.
When Does a Claim Arise?
Legal claims arising from aesthetic treatments are generally based on a claim in negligence. This requires proving that the provider failed to exercise reasonable care and that this failure caused harm.
A claim may arise when a treatment is performed incorrectly, unsuitable equipment or products are used, or the provider lacks the necessary training or certification. It may also arise where the risks of the procedure were not properly explained beforehand.
For example, a laser treatment that results in burns due to improper settings, or a procedure performed by an unqualified individual, may amount to a breach of the duty of care.
The standard expected of a provider is not determined by what they claim to be, but by the nature of the treatment they undertake. In Abdul Rahman bin Abdul Karim v Abdul Wahab bin Abdul Hamid [1996] 4 MLJ 623, the court held that a traditional healer who performed an eye procedure would be judged against the standard of a reasonably competent medical professional. The fact that the defendant was not a qualified doctor did not lower the standard expected of him.
Therefore, anyone offering aesthetic or beauty treatments that involve the use of special medical skill or competence will be held to the standard of a qualified medical professional performing that type of procedure. Each case will depend on its specific facts, but the central question remains the same: whether the provider acted below the expected standard of care.
Who Can Be Held Responsible?
Any provider offering aesthetic or beauty treatments may be held responsible if their conduct causes harm. This includes both medical practitioners and non-medical providers. The law recognises that anyone offering such services must do so safely, competently, and within the limits of their expertise.
From a legal perspective, liability is not limited to medical clinics. What matters is whether the person or business providing the treatment owed a duty of care and failed to meet it.
This position has been recognised by the Malaysian courts. In Teng Ngit Yoong v Liew Nyok Fen and another suit [2020] MLJU 862, the High Court held a beauty salon operator liable for skin damage suffered by a client following facial treatments and the use of products supplied by the salon. The court found that the operator owed a duty of care and was responsible for the harm caused, particularly where the products used were not properly approved. This case illustrates that liability is not limited to doctors. Any provider offering aesthetic or beauty treatments may be held legally responsible if their conduct causes harm.
When treatments take place within a business environment, the business or company could also be held liable. This indicates that liability might extend not only to the person performing the treatment but also to the operator or owner of the business.
The Importance of Proper Qualification and Scope
A key issue in many disputes is whether the provider was properly qualified to perform the treatment, and whether the procedure was carried out within the limits of what they were allowed to do.
In Malaysia, not all aesthetic treatments are treated equally. Some procedures, particularly those involving injections, lasers, or invasive techniques, are considered medical in nature. These procedures must be performed by qualified doctors who have undergone specific training and obtained the necessary approvals.
Doctors who wish to carry out aesthetic procedures are generally required to obtain a Letter of Credentialing and Privileging (LCP) from the Ministry of Health. This certification is not a formality. It determines the types of procedures a doctor is permitted to perform and reflects their level of training and competency.
In practice, this means that even a qualified doctor cannot perform every type of aesthetic procedure. Each practitioner is restricted to a defined scope of practice. If a doctor performs a procedure outside their scope of practice, this may constitute a breach of professional standards and support a claim for negligence.
This principle has been clearly recognised by the Malaysian courts. In Adam bin Hamil [2025] 8 MLJ 691, the High Court found that the defendant, who was only certified under Chapter 1 of the LCP, had performed procedures that fell outside his permitted scope. The court held that this was a fundamental breach of the standard of care, emphasising that medical practitioners must not perform procedures beyond their qualifications and licensing, regardless of a patient’s request.
Importantly, the court also made it clear that a patient’s consent does not excuse such conduct. A practitioner cannot rely on a patient’s wishes to justify performing procedures that they are not authorised to carry out. This goes directly to patient safety and professional responsibility.
The issue is even more serious when treatments are carried out by individuals who are not medically qualified. Certain procedures offered in beauty settings may, in fact, fall within the category of medical treatment. When such procedures are performed by unqualified persons, the risk of harm increases significantly, and the likelihood of legal liability is correspondingly higher.
For providers, this highlights the importance of strict compliance with regulatory requirements. For clients, it reinforces the need to ensure that any procedure is carried out by a properly qualified and authorised practitioner.
Informed Consent and Misleading Representations
Another common issue is failing to properly inform clients before a procedure is performed.
Before undergoing any treatment, a client should be provided with sufficient information about the risks, expected outcomes and potential complications. This allows the client to make an informed decision.
If this information is not provided, or if the treatment is presented in a misleading way, the client’s consent may not be considered valid. For example, representing a procedure as completely safe or guaranteeing specific results may expose the provider to legal consequences if the outcome does not match those representations.
What Should You Do If a Treatment Goes Wrong?
If you have suffered complications following an aesthetic or beauty treatment, it is important to identify the issues immediately and take practical steps early.
You should seek medical attention as soon as possible and keep records of your condition, including photographs and receipts. It is not a good idea to return to the same provider for corrective treatment, at least without first obtaining independent advice.
Most importantly, you should consider speaking to a lawyer to understand your legal position. Early advice can help you assess whether you have a viable claim and what steps to take next.
Conclusion
Aesthetic treatments are not without risk, and when standards are not met, the law provides a clear framework for accountability.
Whether the treatment was carried out in a clinic or beauty salon, the key issue is whether it was performed safely and competently. Where it was not, legal action may be available. Understanding your rights is the first step toward resolving the situation and moving forward.
Our firm regularly advises clients on claims involving aesthetic and beauty treatments. If you believe you may have been affected by a treatment that went wrong, we can assist you in assessing whether you have a viable claim and the appropriate steps to take.
By Jason Lim
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