More and more people are choosing a cosmetic procedure, such as Botox, fillers, eyelid surgery, or a breast augmentation. Usually that goes well, but if something goes wrong, the damage can be significant — physically and emotionally.
In the event of an error during a cosmetic procedure, you can in many cases hold the practitioner or clinic hold liable and compensation claim.

In this blog, you will learn when there is a medical error, who is responsible, and what steps you can take to protect your rights.

When is there an error in a cosmetic procedure?

For cosmetic procedures, just as in regular healthcare, the practitioner must act according to the standard of care of a reasonably competent and careful professional.
If this is deviated from and you suffer harm as a result, then there is a medical error.

Examples include:

• Too much or incorrectly injected Botox or fillers, resulting in permanent asymmetry or nerve damage.

• Carelessly performed surgery (such as a breast augmentation, liposuction, or eyelid correction).

• Infections or scarring due to poor hygiene.

• Insufficient information about risks, recovery, or alternatives.

• Use of unsuitable products or materials.

Not every unsatisfactory outcome is a mistake, but if the physician deviates from the professional standard or breaches their duty of care, liability can be established.

Cosmetic procedures fall under the BIG Act and the Wkkgz

Cosmetic physicians and clinics must also comply with the Individual Healthcare Professions Act (BIG) and the Quality, Complaints and Disputes in Health Care Act (Wkkgz).
That means that they:

• must be authorized and competent to perform the procedure;

• must keep medical records;

• must work according to professional guidelines;

• and must have a good complaints procedure.

An error can therefore be not only medical, but also organizational or communicative in nature.

Read also:
👉 Informed consent: right to information and consent
👉 The medical record: access, copy and correction

Informed consent: consent based on accurate information

Before a cosmetic procedure takes place, you must have been fully and clearly informed about:

• the nature and purpose of the treatment;

• the risks and complications;

• the expected result;

• possible alternatives;

• and the costs.

Only then may you give consent (informed consent).
If this duty is breached — for example because you were not informed of the risks of infections or scarring — this may lead to liability for the doctor or clinic.

Common mistakes in cosmetic treatments

1. Fillers and Botox

   • Too deep or misplaced injection → asymmetry or paralysis of facial muscles.

   • Use of unsuitable or illegal products.

   • Unsanitary conditions resulting in infections.

2. Surgical procedures

   • Failed breast augmentation or reduction (malposition, implant leakage).

   • Too much fat removal during liposuction → uneven skin.

   • Improper wound care after eyelid surgery → permanent scars.

3. Insufficient aftercare

   • No check-up or follow-up in case of complications.

   • Incorrect medication or acting too late in cases of inflammation.

Who is liable: the doctor or the clinic?

Liability depends on the legal relationship between you and the practitioner:

• Independent doctor or cosmetic specialist: this person is personally liable for errors.

• Clinic with multiple doctors: the clinic is liable under Article 7:462 BW (liability for auxiliary persons).

• Hospital or hospital doctor: the hospital bears the responsibility.

Even when a non-physician (e.g., beautician) performs a medical procedure for which he is not authorized, that can lead to both civil and criminal liability.

Also read:
👉 Medical error in a private clinic: who is liable?
👉 Causal link in medical errors

What damages can you recover for a faulty cosmetic procedure?

You are entitled to compensation for both material and immaterial damages.

Material damages

• Corrective surgeries and medical expenses

• Travel expenses and medication

• Loss of income or missed assignments

• Costs for psychological help or aftercare

Non-material damage (pain and suffering compensation)

• Pain and suffering

• Physical or psychological impairments

• Fear of undergoing treatment again

• Aesthetic damage or disfigurement

Read also:
👉 Pain and suffering compensation for medical errors
👉 Compensation in cases of medical liability

What can you do if a cosmetic treatment goes wrong?

1. Request your medical records
   This specifies exactly which procedures were performed and with which products.

2. Take photos and collect evidence
   Document the result, any scars or complications.

3. Request an independent medical opinion
   An expert can determine whether the doctor acted negligently.

4. Have a lawyer hold the clinic or doctor liable
   A specialized lawyer drafts a formal notice of liability and handles communication with the clinic’s insurer.

Also read:
👉 File a complaint after a medical error
👉 Loss of chance in medical errors

Why Arslan & Arslan Attorneys?

At Arslan & Arslan Attorneys we regularly handle cases involving errors in cosmetic procedures, such as botched Botox or filler treatments and improper surgeries in private clinics.
Our attorneys have extensive experience in medical liability law and work together with independent medical experts.

We ensure that:

• your case is carefully investigated;

• you free legal assistance receive (we recover the costs from the liable party);

• and you a maximum compensation you receive for your physical and psychological injuries.

Victim of a botched cosmetic treatment?

Have you suffered complications or harm after a cosmetic procedure?
Contact Arslan & Arslan Advocaten for a free assessment of your case.
We assist you from the first assessment through to compensation, with the care and expertise you deserve.