A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals ©2008. All rights reserved.

Module 1 Liability

Session Objectives 1. Appreciate the need to protect yourself by obtaining liability insurance. 2. Contrast 4 different types of liability insurance. 3. Summarize why practitioners need liability insurance. 4. Describe the types of claims typically made against estheticians.

Case Studies Instrument dropped on a client Disfigurement Equipment collapse

Types of Liability Insurance 1. General 2. Professional 3. Product 4. Claims Made vs. Occurrence Form

Additional Concerns Additional Insured Endorsement (AIE) Requiring insurance of others Where to obtain liability insurance

Discussion How much coverage should a practitioner have? Why so much? What if you are a homeowner, property owner, or are perceived as having deep pockets?

Negligence Define liability risk exposure or occurrence. Who can get sued? Do not make false assumptions.

Questions to Ask Employers Will your employer provide you with a copy of the policy for you to review? Does their policy cover you for all services you are performing? When does the policy come up for renewal? In the event of a claim, will it cover your legal defense?

Discussion Court TV Were claims always valid? How did the cases turn out?

Example of Claims Made Against Estheticians Product/equipment problems Injury caused by esthetician during the treatment Client suffers injury due to accident (not caused by treatment) Alleged problems with no real incident

Module 2 Risk Reduction

Session Objectives 1. Identify key risk reduction strategies. 2. Recognize what to do if an incident occurs. 3. Understand the reasons to obtain liability insurance.

Keep Accurate Records Always keep notes on every client visit. Document what treatment was done and which products were used.

Health History and Waiver Always have clients complete a health history, even if they are friends. Use waiver forms. Update forms regularly. Verbally review forms with client.

Maintain a Safe Work Environment Safety checks should be done (and documented) routinely. Clear distractions. Check tables or anything that supports the client. Beware of slippery surfaces (i.e., ice in winter). Clean spills immediately.

Relationships A strong relationship may prevent a client from suing. Use open communication.

After Treatment Precautions Instruct your clients carefully. –What they should expect. –What they should do when they get home. Provide both written and verbal instructions. Document your instructions.

Ensure Privacy Provide a private space to review health history or discuss issues. Never discuss a client case in front of another client or with a friend. Don’t be overheard. Do not gossip.

Discuss Potential Risks Always counsel clients about risks with a product or procedure. Remind them of risks each time you see them. Document what you’ve discussed. Perform a patch test before treatment.

Check Heat Sources Unplug heat sources and small appliances. Limit the use of candles and always use candle holders. Remember that heat causes risk to both clients and property. Locate the nearest fire extinguisher.

Drape Clients Avoid harming your client. Preserve your clothes. Protect your credibility. Always drape the client.

Unsafe Procedures Do not practice outside of your scope. Do not use products unless you have received sufficient, formal training. Don’t perform unproven or unorthodox treatments. Never put the client at risk with an unsafe procedure.

Use Caution When Applying Heat Heat is the greatest source of risk. Burns are very costly to treat. Loss and injury lead to significant lawsuits.

Check Equipment Daily Have a daily checklist to check all equipment. Place your checklist in a folder. Maintain for at least one year. Documentation can help your defense if you have a claim from equipment failure.

When in doubt… Refer Out !

Discussion Why are problems not felt immediately? Why is developing a relationship with clients so important?

If an incident occurs: 1. Assess injuries. Obtain medical help; seek treatment immediately. 2. Don’t get defensive or hostile; don’t admit fault. 3. Take photos, if possible. Write a detailed account of actions and conversations. 4. Contact your insurance carrier immediately. 5. Know what your carrier suggests before an incident happens.

Case Studies 1. What type of liability is this situation? 2. How could this situation have been prevented? 3. What immediate action should the esthetician take? 4. Complete the sample incident report.

Liability and Risk Reduction A Guide For Estheticians ©2008. All rights reserved. Developed and Sponsored by Associated Skin Care Professionals