Permanent Makeup/Microblading Lawsuits Due to Informed Consent – To Brows Not Fading.
Estimated reading time: 7 minutes
Permanent makeup has become increasingly popular in recent years as a convenient solution for those looking to enhance their brows and eyeliner. However, the lack of informed consent regarding the permanence of these procedures has raised concerns. Permanent Makeup/Microblading lawsuits due to informed consent are now becoming common.
Permanent Makekup/Microblading is a wonderful procedure. I have had it done and still enjoy my very subtle eyeliner that I had done 8 years ago. Yep, 8 years ago. The eyeliner that was meant to fade is still there and it will go to my grave with me.
In my case, my now permanent eyeliner is not a problem, I like it, it’s subtle and solves my situation of my eyeliner running due to ultra sensitive eyes. However, as a Permanent Makeup Removal Expert , I know that not everyone is happy with the thick brows that they had done 10 years ago.
The Importance of Having Informed Consent at the Time of The Procedure
The main issue at the heart of this is the misconception surrounding permanent makeup. Many clients are not fully aware that these procedures, such as microblading for eyebrows and permanent eyeliner, are designed to have long-lasting effects that may not fade over time. This is specially relevant today where New Generation Pigments, that are designed for longevity, have come into the market. Gone are the days where artists and technicians can say that this procedure is anything else but permanent.
Grounds for Legal Action in Permanent Makeup
If you feel that your permanent makeup artist did not inform you adequately about the permanence of the procedure, you may have grounds to consider legal action. The lack of informed consent in cosmetic procedures, such as permanent makeup, is a serious issue that can lead to legal disputes between clients and artists.
This is particularly true when people come to realise that having laser removal, which was relatively easy when traditional pigments were used, can now make your brows turn a permanent shade of red, orange and possibly florescent yellow. Full explanation of why this happens here.
Having Evidence for a PMU Lawsuit
In a potential lawsuit against your permanent makeup artist for lack of informed consent regarding the permanence of the procedure. You may need to demonstrate that the artist failed to provide you with information about the nature of the treatment, its lasting effects, and any potential risks involved. This could include proving that the artist did not discuss the permanence of the makeup, the difficulty of removal, or the possible long-term implications of the procedure.
Consent Form For the PMU/Microblading Procedure
To protect themselves from potential lawsuits and legal disputes, permanent makeup artists must prioritise transparency and open communication with their clients. This includes providing detailed information about the permanence of the procedures. Discussing potential risks and complications, and ensuring that clients have realistic expectations about the outcomes of their permanent makeup. Reputable artists will require you to sign forms to demonstrate that a consultation has been conducted correctly. This way protecting both you and them both. These forms should outline the nature of the procedure, expected results, possible risks, and aftercare instructions. Ensuring that clients fully inform themselves before proceeding with the permanent makeup procedure.
The Unfairness on the PMU/Microblading Artist
Here is the problem. The artist did not necessarily NEGLECT to tell you that your Permanent Makeup is indeed PERMANENT. The artist works with the information passed down to them by their trainers and pigment manufacturers. Pigment manufacturers change their formulations without informing the technicians or necessarily testing them under a laser. This means that a technician that has been working years using a particular colour from a specific brand, may potentially be subjecting their clients to very different fading experiences without even knowing it.
This where the unfairness of this situation come in. Technicians are doing their absolute best to inform their clients about every possible situation that may arise. In the world of Permanent Makeup, implications are often discovered years after the procedure has been done. Mysteries such as how a pigment fades over time and how it reacts to laser removal, if needed, can take decades to emerge.
Where Does Informed Consent Lie?
Ultimately, the issue of informed consent in permanent makeup procedures is the responsibility of the artist as a first port of call. This is even if they are not technically at fault. Their trainer or pigment manufacturer may have never made them aware of the long term pitfalls. Clients have the right to make informed decisions about their cosmetic treatments. It is the responsibility of permanent makeup artists to ensure that they have all the information they need in order to do so. Ignorance sadly does not absolve the PMU artist from their legal liability.
It is such an unfair situation. The biggest problem is that some of these pigments are very difficult to remove. If pigments are easy to remove with a laser, most people would just go for laser treatment as part of the phases of having permanent makeup. Manufacturers should be testing how their pigments react under the laser and passing this information on to the technicians.
How is the PMU/Microblading Community likely to resolve this?
When lawsuits begin to hit the Permanent Makeup/Microblading artists, insurance companies will need to take action. They will investigate the root of the problem and may no longer cover the pigments or reasons that have lead to re occurring lawsuits. They will restrict their policies which in turn will restrict the pigments that PMU Techs can use as well as the machines (I have never heard of a machine being a problem in the past 20 years but you never know).
As insurance companies need to pay out, they will try to recover from the distributors of the said pigments in each individual country. Once distributors targeted, their insurance companies will then attempt to recover the payouts from the manufacturers. This will take years and possibly decades as problems can take that long to be flagged.
What this means to Technicians and PMU Artists
Technicians will need to step up the informed consent. They need to make it clear that their work is a tattoo, that is may fade or not. That it could change colours over time or not. That it may be suitable for removal or not.
On the scarier side of the spectrum are the technicians that have been unknowingly using pigments that don’t fade and are difficult to remove. Lawsuits could come for years in some countries (the UK has a 3 year statue of limitations). Once insurance companies stop covering retroactively lawsuits could effect personal assets. It’s very important for artists to keep their Professional Indemnity Insurance active even after retiring for at least 3 years (also known as Run Off Insurance). Most technicians have no idea that they have been using these pigments until it’s too late and they have an unhappy client.
What This Means to Consumers
A consumer should always treat permanent makeup as PERMANENT. The consumer needs to go in with the mentality that they may end up with some shade ranging from yellow to black on their skin. If traditional pigments have been used, these will change colours over time to pink, red or orange and will require removal at some point. Assuming a worst-case scenario is always advisable, as it is highly unlikely that permanent makeup will fade to nothing. This is part of your responsibility as a consumer.
Finding the Correct Legal Professional
To determine the viability of a lawsuit, you should consult with a legal professional who specialises in cosmetic law or personal injury. They can assess your case, review any documentation or evidence you have, and advise you on the best course of action. It’s essential to remember that laws regarding informed consent and negligence can vary depending on your location, so seeking legal advice from a qualified professional with expertise in this area is crucial.
In my work as an expert witness my job is to tell the truth rather than the truth the side wants me to tell. I usually tell the solicitor to settle in these cases where the outcome was just so unforeseen. After all, that’s what our Professional Indemnity Insurance is for. To protect the client from foreseen problems that may happen and protect the artist in equal measure.
You can contact us on 0800 0029696. You can also book a free video consultation with Lorena HERE.