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Dermal Filler and Botox Complication Claims

England & WalesLast reviewed 18 September 2026

Botulinum toxin (Botox) is a prescription-only medicine and must be prescribed after an in-person assessment, and it is a criminal offence in England to give cosmetic injections of toxin or filler to under-18s. A claim can succeed where an injector lacked competence, skipped safe practice or failed to manage a complication.

Who Can Inject What

Direct Answer: Botulinum toxin can be supplied and administered only on a prescription from an appropriate prescriber, such as a doctor, dentist or prescribing nurse, following an in-person assessment, while dermal fillers are medical devices that are not prescription-only, so anyone can offer them.

That regulatory gap is why standards vary so widely. The Joint Council for Cosmetic Practitioners maintains a voluntary register and guidance on training and safe practice, but registration is not a legal requirement. It is worth checking who is injecting, what they are qualified to do and who is prescribing.

Common Complications and What a Competent Practitioner Does

Recognised complications include swelling, bruising, lumps, asymmetry, infection, nerve injury and, seriously, vascular occlusion where filler blocks a blood vessel, which can cause skin death or blindness. A competent practitioner knows the anatomy, discusses risks, uses appropriate technique, has an emergency plan and access to treatment such as hyaluronidase, and refers promptly if a complication arises. Failure to recognise and treat an occlusion quickly is a common allegation.

Children and Consent

Since 1 October 2021 the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 makes it an offence in England to administer these injections for cosmetic purposes to someone under 18. A practitioner who did so may also face regulatory consequences. For adults, consent must cover realistic risks and alternatives.

Frequently Asked Questions

Can I claim for lip filler that went wrong?

Yes, potentially, if the injector was negligent, for example through poor technique, unsuitable product, ignoring a complication or lack of training, and you suffered harm. Photographs and records are important.

Is Botox a prescription-only medicine?

Yes. It must be prescribed by an appropriate prescriber after an in-person assessment. Treatment without a valid prescription is a serious regulatory and legal issue.

What is vascular occlusion?

A complication where filler blocks or compresses a blood vessel, risking tissue death or vision loss, which needs urgent treatment. Delay in recognising it is a common ground of claim.

What if the injector was not medically qualified?

It does not prevent a claim, and lack of training and supervision can itself be evidence of negligence. The practitioner's insurance is important, so ask early.

What if I was under 18?

It is an offence in England to give cosmetic botulinum toxin or filler injections to under-18s, which can be relevant to a claim and to reporting the practitioner.

What do I have to prove?

That the practitioner's care fell below the standard of a reasonably competent practitioner, or that you were not told of a material risk you would have wanted to know about, and that this caused you harm. An unhappy result or a recognised complication is not by itself negligence, so expert evidence is normally needed.

How long do I have to bring a cosmetic procedure claim?

Generally three years from the treatment or, if later, the date you first knew the injury was significant and connected to it. The court has a limited discretion to allow late claims, but you should not rely on it. Take advice early because evidence such as photographs and consent forms can be lost.

Can I bring a cosmetic surgery claim on a no win no fee basis?

Often, yes, if a solicitor thinks the claim has reasonable prospects. Legal aid is not generally available. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and a success fee capped at 25% of general damages and past losses is deducted if it succeeds. Claims need expert evidence, so ask how those costs are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Human Medicines Regulations 2012 (SI 2012/1916)

    Botulinum toxin is a prescription-only medicine: it can be supplied only on prescription and administered only by, or under the directions of, an appropriate practitioner. Professional regulators require an in-person assessment before prescribing.

  8. Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

    In force in England from 1 October 2021: it is an offence to administer botulinum toxin or a filler by injection for a cosmetic purpose to a person under 18.

  9. Joint Council for Cosmetic Practitioners (JCCP)

    Independent body maintaining a register of cosmetic practitioners and guidance on training, prescribing and consent in non-surgical cosmetic procedures. Registration is voluntary, not a legal licence.

  10. Consumer Rights Act 2015, s.49 (service to be performed with reasonable care and skill)

    In a consumer contract for services, the trader must perform the service with reasonable care and skill — relevant to gyms, hotels, salons and activity providers.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.