Successful Business Handbook

Associated Skin Care Professionals

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contraindicated, a physician, perhaps acting on incomplete information, prescribed Accutane for the client months later. Her skin turned red. While you might be tempted to fault both the client and the physician, it’s hard to say what conclusion a sympathetic jury might reach. Despite the omissions of others, Larry’s malpractice coverage came to the rescue. • Caroline had a client who came in for an intense-pulsed light (IPL) treatment on his back. The client later complained of discoloration to his skin. Caroline had conscientiously used comprehensive release and consent forms provided by ASCP and she made sure these were signed. This protected her because they indicated that skin discoloration was a possibility with IPL. *All names and details have been changed for client privacy. Read the Fine Print Ginger performed a glycolic facial on a client and the client soon complained the treatment caused her burns, blisters, blotching, discoloration, inflammation, scarring, and swelling. Sound expensive? It could have been. In Ginger’s case, the stars lined up in her favor two ways: while the client complained soon after her treatment, she didn’t file a lawsuit until after the statute of limitations expired two years later. Ginger had an extra measure of security because she had occurrence-form coverage, an important consideration when it comes to late claims. Late claims are an issue because many skin care professionals work in more than one spa or salon or and practice on the side. In some places, skin care is a transient business, as professionals change jobs or take time off for personal reasons. Some estheticians allow their liability coverage to lapse for these intervals, or they just quit the profession. Clients usually have one or two years to file a lawsuit before the statute of limitations expires, and they often take that much time to file. Some parties to a lawsuit have no idea they have an unhappy client until they are served with papers. This is even more unpleasant if an esthetician’s insurance has expired. With the wrong kind of insurance, his or her personal assets and future earnings may be at risk. If the policy is what’s called claims-made, the protection expires when the policy does, even if an incident took place while the policy was in effect. A late claim can come back to haunt an esthetician who’s taking a break from esthetics or has changed careers. Occurrence-form coverage, which is what you have as an ASCP member, applies even after a policy lapses, as long as the policy was in effect when the incident occurred. It’s important to know which kind of insurance you have, especially if you foresee interruptions in your career. Know the statute of limitations laws in your state. www.ascpskincare.com successful business handbook 225

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