Duty of Care in Medical and Non-Medical Aesthetic Treatments

In medical negligence cases, the existence of a duty of care is rarely in question. Healthcare professionals, including doctors, nurses, and other clinical staff, are expected to provide care that meets a reasonable standard. This responsibility extends to non-medical professionals administering non-surgical procedures, who also owe their clients a duty to exercise reasonable skill and care.

What Is Duty of Care?

Duty of care refers to the legal and ethical obligation of a professional to avoid causing harm through actions or omissions. In the medical and aesthetic fields, this means delivering services with the competence and diligence that would be expected of a reasonably skilled practitioner.

For medical practitioners, this duty spans diagnosis, treatment decisions, and the execution of procedures. For non-medical professionals providing non-surgical procedures, such as chemical peels, skin rejuvenation treatments, or microneedling, it involves ensuring treatments are administered safely, within the scope of their training, and in compliance with relevant regulations.

How Is Duty of Care Established?

The three-stage test from Caparo v Dickman [1990] 2 AC 605 determines whether a duty of care exists. This test applies to both medical and non-medical settings:

1. Foreseeable Harm

   • The harm or injury must be something the practitioner could reasonably foresee. For example, performing a chemical peel without assessing the client’s skin type could lead to burns or scarring, which are foreseeable risks if appropriate precautions are not taken.

2. Proximity

   • There must be a close relationship between the practitioner and the patient or client. In both medical and non-medical contexts, this relationship is established as soon as the practitioner agrees to provide treatment.

3. Fair, Just, and Reasonable

   • It must be fair to impose a duty of care on the practitioner. This includes non-medical professionals who offer non-surgical procedures, as they hold responsibility for ensuring their actions do not cause harm.

Why Duty of Care Matters in Aesthetic and Medical Cases

Duty of care is the foundation for any negligence claim, whether in a medical or aesthetic setting. For medical practitioners, it reflects the responsibility to protect patients from avoidable harm during diagnosis and treatment. For non-medical professionals administering non-surgical procedures, it reinforces the need to adhere to training standards, follow safety protocols, and recognise when to refer cases beyond their expertise.

By recognising the duty of care across both medical and non-medical contexts, the law ensures that all practitioners—regardless of their qualifications—are accountable for providing safe and competent services to their patients or clients.