a guide for estheticians liability and risk reduction associated skin care professionals...

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A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411 www.ascpskincare.com [email protected] ©2008. All rights reserved.

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Page 1: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

A Guide for Estheticians

Liability and Risk Reduction

Associated Skin Care Professionals800-789-0411

www.ascpskincare.com

[email protected]

©2008. All rights reserved.

Page 2: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Module 1

Liability

Page 3: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 4: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Case Studies

• Instrument dropped on a client

• Disfigurement

• Equipment collapse

Page 5: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Types of Liability Insurance

1. General

2. Professional

3. Product

4. Claims Made vs. Occurrence Form

Page 6: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Additional Concerns

• Additional Insured Endorsement (AIE)

• Requiring insurance of others

• Where to obtain liability insurance

Page 7: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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?

Page 8: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Negligence

• Define liability risk exposure or occurrence.

• Who can get sued?

• Do not make false assumptions.

Page 9: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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?

Page 10: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Discussion

Court TV

• Were claims always valid?

• How did the cases turn out?

Page 11: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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

Page 12: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Module 2

Risk Reduction

Page 13: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 14: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Keep Accurate Records

• Always keep notes on every client visit.

• Document what treatment was done and which products were used.

Page 15: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 16: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 17: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Relationships

• A strong relationship may prevent a client from suing.

• Use open communication.

Page 18: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 19: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 20: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 21: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 22: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Drape Clients

• Avoid harming your client.

• Preserve your clothes.

• Protect your credibility.

• Always drape the client.

Page 23: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 24: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 25: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 26: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

When in doubt…

Refer Out !

Page 27: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Discussion

• Why are problems not felt immediately?

• Why is developing a relationship with clients so important?

Page 28: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

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.

Page 29: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Case Studies1. 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.

Page 30: A Guide for Estheticians Liability and Risk Reduction Associated Skin Care Professionals 800-789-0411  getconnected@ascpskincare.com

Liability and Risk Reduction A Guide For Estheticians

©2008. All rights reserved.

Developed and Sponsored by

Associated Skin Care Professionals

800-789-0411

www.ascpskincare.com

[email protected]