Cosmetic Treatment hasn't worked

ph10
ph10 Posts: 29 Forumite
edited 28 April 2018 at 12:31PM in Consumer rights
I had 3D HIFU (High Intensity Focused Ultrasound) at CHESTER LIPO 4 months ago
on their website they state
Generally a noticeable improvement in the patients facial contouring and fine lines and wrinkles will be visible within a 4 week period whilst further improvement in facial skin tightening and wrinkles will be reportedly seen up to 6 weeks.

a week before the treatment I had a consultation and skin test, it was not mentioned that the treatment may not work. Following the treatment I have had ongoing pain in both submandibular joints, I called twice to discuss this with them and was told that this was normal.
Today I have been back as 4 months later there is no change in my skin at all, they have compared my face today with photos taken on the day of treatment and agreed there is no improvement to my skin. They have refused any refund, they have offered further treatment but not while I am still having pain. I don't want further treatment and pointed out that I have paid £449 for something I haven't received.
Unfortunately in the small print of the form I signed it states
I hereby give my consent and authorisation voluntarily and release the establishment and it's agents of any claims that I have or may have in the future in connection with the described treatment

the manager told me she would have to speak to the owner and contact me, she has just messaged me to say that on the website under terms its states
Results
Due to the nature of none invasive treatments associated with our company, We cannot guarantee results.

I looked at the treatments online but booked via phone

If I wasn't in pain I may have tried the treatment again, but as they won't let me have it is there anything else I can do? Thank you
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Comments

  • TonyMMM
    TonyMMM Posts: 3,419 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you have received the treatments you paid for, then unless a guarantee of the effects was given you don't really have any claim.
  • ph10
    ph10 Posts: 29 Forumite
    The person who carried out the treatment didn't tell me there was a chance it couldn't work. She also didn't mention I'd be left with permanent pain
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    We are not permitted to give medical advice so perhaps it would be better to consult a personal injury lawyer. Make sure you take copies of your medical reports about your injuries when you go to your consultation.
  • ph10
    ph10 Posts: 29 Forumite
    LilElvis wrote: »
    We are not permitted to give medical advice so perhaps it would be better to consult a personal injury lawyer. Make sure you take copies of your medical reports about your injuries when you go to your consultation.

    I wasn't asking for medical advice, I wanted advice on a procedure I paid for that hasn't worked.

    Ignoring the medical side and talking about the legal side, why do I need to "make sure" I take copies of my medical reports to my consultation please?
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
    1,000 Posts Combo Breaker
    What has your dentist said about the pain you are experiencing?

    Cosmetic treatments rarely guarantee a particular result. What evidence do you have as to what guarantees you were made?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    ph10 wrote: »
    I wasn't asking for medical advice, I wanted advice on a procedure I paid for that hasn't worked.

    Ignoring the medical side and talking about the legal side, why do I need to "make sure" I take copies of my medical reports to my consultation please?

    Because to make a claim you will need proof of your injuries. I've just completed a claim for injuries resulting from an RTA (amount agreed, awaiting cheque) and medical proof was a prerequisite - mine being from an orthopaedic consultant.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I suspect you are on a hiding to nothing. From your quote notice the use of the words 'generally' and 'reportedly' - these do not guarantee results.

    I suspect a bit of research before having this treatment with regards to whether it really does work or not might have been useful, but not overly helpful now. It might also have been worth looking into the qualifications of whoever was going to work on your face.

    I think it might be a good idea to see a dentist, or a specialist to see if they can identify the cause of the pain you are experiencing. It might be connected with the treatment, it might not.

    Unfortunately I would have thought you are going to have to prove that they didn't talk about possible side effects. I couldn't see any reports of the side effects you have mentioned when looking online (although I didn't look for hours).
  • ph10
    ph10 Posts: 29 Forumite
    LilElvis wrote: »
    Because to make a claim you will need proof of your injuries. I've just completed a claim for injuries resulting from an RTA (amount agreed, awaiting cheque) and medical proof was a prerequisite - mine being from an orthopaedic consultant.

    apologies I thought you were saying that I would have to take the medical reports to the first consultation with a PIL. I have had an appointment with a Maxillo Facial Specialist and am waiting for a scan, I wasn't actually looking to make a claim for injuries, I just wanted a refund.
  • ph10
    ph10 Posts: 29 Forumite
    What has your dentist said about the pain you are experiencing?

    Cosmetic treatments rarely guarantee a particular result. What evidence do you have as to what guarantees you were made?
    I've been to see a Maxillo Facial consultant

    from their webpage

    Non-Surgical skin lifting has become one of the most sought after treatments and HIFU is the latest non-surgical technology to excel in this area in just one single session!
    It targets individually Brow lifting, Jowl line lifting, Nasolabial fold reduction, Periorbital wrinkle reduction and overall Skin tightening and rejuvenation.
    The highly focused acoustic energy creates thermal coagulation zones at 3 different selected depths following which a wound healing response results in the formation of new collagen thus providing a longer term tightening of the skin.
    Generally a noticeable improvement in the patients facial contouring and fine lines and wrinkles will be visible within a 4 week period whilst further improvement in facial skin tightening and wrinkles will be reportedly seen up to 6 weeks.


    nothing to say that it doesn't always work
  • ph10
    ph10 Posts: 29 Forumite
    I suspect you are on a hiding to nothing. From your quote notice the use of the words 'generally' and 'reportedly' - these do not guarantee results.

    I suspect a bit of research before having this treatment with regards to whether it really does work or not might have been useful, but not overly helpful now. It might also have been worth looking into the qualifications of whoever was going to work on your face.

    I think it might be a good idea to see a dentist, or a specialist to see if they can identify the cause of the pain you are experiencing. It might be connected with the treatment, it might not.

    Unfortunately I would have thought you are going to have to prove that they didn't talk about possible side effects. I couldn't see any reports of the side effects you have mentioned when looking online (although I didn't look for hours).

    I did check the qualifications, and online reviews of the treament here and in other places. As I said above I didn't want compensation, just a refund. In fact I would have been happy to try an alternative treatment but they won't do that because I still have pain
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