RM308,000 Awarded to Business Woman for Botched Cosmetic Procedure
Court: Melaka Sessions Court
Area of Law: Tort of Negligence, Misrepresentation, Breach of Fiduciary Duty
Lawyers: Yasmeen Soh and Peter Siew.
Date of Judgment: August 2025
Case Summary
Our firm successfully represented the Plaintiff, a 34-year-old businesswoman, in a critical medical negligence and misrepresentation suit against an unlicensed beautician and her company. The court delivered a landmark judgment, finding both defendants liable and awarding our client approximately RM308,000 in total damages, including a substantial sum for exemplary damages to serve as a public deterrent against illegal operators in the aesthetic industry.
The Facts
The Plaintiff underwent a buttocks enhancement procedure after seeing an advertisement on social media. The procedure, involving the injection of a filler substance, was performed by the First Defendant, a beautician. Shortly after the procedure, the Plaintiff suffered severe pain, infection, and required immediate medical attention, including draining abscesses and undergoing multiple post-reparative and reconstructive surgeries at two private hospitals.
Our Legal Position & The Court’s Finding
The core of our case was to establish that the defendants were negligent and misrepresented their qualifications, which directly caused the Plaintiff’s injuries and suffering.
- Negligence and Duty of Care: We successfully argued that the beautician owed a professional duty of care to the Plaintiff. The Court found that the First Defendant was not a qualified professional—she was neither an accredited medical doctor, a plastic surgeon, nor an aesthetic surgery expert recognized by a professional body. By undertaking a medical procedure she was unqualified to perform, she breached her duty of care.
- Misrepresentation: The Court also found that the beautician had made several misrepresentations to the Plaintiff regarding her competence and the safety of the procedure.
- Vicarious Liability: The Second Defendant (the company) was held vicariously liable for registering the beautician as a service provider, thereby facilitating the illegal and negligent conduct.
The Successful Outcome
The Melaka Sessions Court ruled wholly in favour of the Plaintiff, demonstrating a firm stance against unlicensed aesthetic practices. The total damages awarded were structured to fully compensate the Plaintiff for her immediate and future losses, while also punishing the defendants for their misconduct:
The award of RM50,000 in exemplary damages is particularly significant, as the Court expressly intended it to act as a serious deterrent to others in the aesthetic industry who offer services in violation of health and safety laws.
This victory underscores our firm’s expertise in handling complex medical negligence and consumer protection claims, ensuring that individuals who suffer harm due to professional malpractice receive the full compensation and justice they deserve.