EWJ 60 April 2025 web - Journal - Page 45
• Long-term care and costs - Medical tattooing
requires colour boosts. I provide estimates of how
often these will be needed and the associated
expenses.
Surgical Revision - Surgical revision may be an
option for scars that are poorly positioned or restrict
movement. It can improve scar appearance and function, but may still leave visible marks that medical tattooing can help camouflage. When medical tattooing
is not appropriate, I include alternative recommendations in my report to ensure claimants receive the
best possible care.
I also assess the viability of camouflage creams as an
alternative. In some cases, tattooing is not feasible, and
the ongoing use of specialist camouflage products may
be a more appropriate solution.
Case Studies: Medical Tattooing in Negligence Cases
Case 1: Hypopigmentation After Laser Burn
A claimant suffered pigment loss after an improperly
performed laser hair removal procedure. The treated
areas became permanently lighter than the
surrounding skin.
Challenges in Legal Recognition
One of the biggest challenges in medico-legal cases is
the lack of awareness surrounding medical tattooing.
Addressing Misconceptions
• Medical Tattooing vs. Traditional Tattoos - Unlike
body art tattoos, medical tattooing is a specialised technique aimed at recreating natural skin tones and
blending seamlessly with the surrounding skin. It
gradually fades over time, not because of the depth at
which the pigment is implanted, but due to the
smaller pigment molecule size used.
• Assessment - The pigment loss had remained unchanged for 18 months, confirming that natural
repigmentation was unlikely.
• Outcome - Medical tattooing was deemed a viable
corrective option, and the claimant received compensation to cover treatment.
• Camouflage Creams Are Not Simple Makeup Some legal professionals perceive camouflage creams
as an unnecessary cosmetic expense. In reality, they
are a medical necessity for many claimants, requiring
precise colour matching and professional application
techniques.
Case 2: Surgical Scarring Following a Cosmetic
Procedure
A patient underwent a botched cosmetic procedure,
resulting in noticeable surgical scarring that had not
been expected.
• Assessment - The scar was mature, with no signs of
hypertrophic or keloid formation. Medical tattooing
could help blend the scar with the surrounding skin.
• The Need for Maintenance - Unlike some other
treatments, medical tattooing is not a one-time solution. The pigment fades over time, and claimants require ongoing touch-ups. Compensation claims
should account for these additional sessions.
• Outcome - The court approved compensation for
medical tattooing sessions to improve the appearance
of the scar.
Condition and Prognosis Reports
In negligence cases, I often provide Condition and
Prognosis Reports, which help solicitors assess the
long-term impact of a patient’s injuries.
Case 3: Skin Graft After Burn Injury
A negligence case involving improper aftercare
following a chemical burn resulted in the patient requiring a skin graft. The grafted area was significantly
lighter than the surrounding skin.
These reports include:
• A detailed evaluation of scarring or pigment loss.
• A professional opinion on whether medical tattooing
is an appropriate treatment.
• The estimated number of sessions required and the
cost of treatment.
• Future maintenance requirements to ensure lasting
results.
• Assessment - The graft had fully healed, and the
skin was suitable for medical tattooing to reduce the
colour contrast.
• Outcome - The claimant was awarded compensation for medical tattooing treatments.
The Importance of Medical Tattooing in Negligence
Claims
Medical tattooing plays an important role in
negligence cases, helping to address the physical and
emotional consequences of scarring and pigment loss.
While it is not a universal solution, it can provide lifechanging improvements for many claimants.
These reports are crucial in determining compensation and ensuring claimants receive the treatment they
need.
Comparing Medical Tattooing to Other Treatment
Options
Medical tattooing is one of several options for
improving the appearance of scarring or pigment loss.
In some cases, alternative treatments may be more
suitable:
For legal professionals, understanding the value of
medical tattooing ensures that clients receive appropriate compensation for their injuries. By incorporating expert assessments into legal proceedings,
solicitors can advocate for claimants who might otherwise be left without access to effective corrective
treatments.
Laser Therapy - Laser therapy can reduce redness,
improve scar texture, and, in some cases, stimulate
pigment production.
Microneedling - Microneedling improves scar texture
by promoting collagen production, making scars feel
smoother and more flexible.
EXPERT WITNESS JOURNAL
43
APRIL 2025
