The growing popularity of aesthetic treatments is accompanied by a growing number of complications. One of the most common causes of injury is the performance of procedures by unqualified individuals. The lack of a license on the part of the practitioner is of crucial importance, not only ethically but also, and above all, legally. It determines the scope of civil and criminal liability and significantly strengthens the injured party's position in compensation proceedings.

Polish law does not regulate aesthetic medicine in a single, coherent act. Personnel qualifications are scattered across several statutes, which in practice raises serious interpretation issues. Medical procedures—including Botox and hyaluronic acid injections, mesotherapy, and epidermal-damaging laser treatments—constitute healthcare services within the meaning of Article 2, Section 1, Item 10 of the Act on Medical Activity. They may only be performed by medical professionals or those acting under their supervision.

Invasive vs. Cosmetic Procedures – The Key Distinction

The line between "cosmetic" and "medical" procedures is sometimes deliberately blurred by unreliable service providers. Case law and doctrine have developed the following criterion: if a procedure disrupts the integrity of tissues (skin, mucous membranes) or requires assessment of the patient's health and selection of a medicinal product, it is considered medical in nature and must be performed by a licensed specialist.

Civil liability

Under civil law, a contractor's lack of qualifications gives rise to tortious or contractual liability. In procedural practice, a lack of qualifications has several significant consequences:

1. The court may find that the mere fact of operating a business without authorization constitutes culpable negligence, without the need to separately prove a failure to exercise due diligence.
2. The injured party may claim compensation covering all costs of treatment for complications, lost earnings, as well as compensation for the harm suffered.
3. Most beauty salon liability insurance policies exclude liability for medical procedures performed by unlicensed employees. In such cases, the contractor must pay compensation out of pocket.

Liability of the healthcare entity and the salon owner

The entity for which the procedure was performed is also liable for employing an unauthorized person. The basis for the employer's or principal's liability is Article 430 of the Civil Code – liability for a subordinate. The condition for its existence is:

1. the existence of a relationship of subordination,
2. causing damage while performing assigned duties,
3. the fault of the subordinate.

Importantly, Article 430 of the Civil Code introduces "strict liability"—a supervisor cannot be exempted from liability by demonstrating lack of fault in their supervision. This means that a salon owner is liable even if they claim they were unaware of the employee's lack of qualifications. A salon owner is a much more solvent entity than an individual cosmetologist. Filing a lawsuit against both entities increases the chances of actually obtaining compensation.

How to prove lack of qualifications?

Demonstrating a contractor's lack of authority is not a difficult task, but it requires systematic action. Key sources of evidence include:

1. The register of physicians maintained by the Supreme Medical Chamber (available online – verification of license to practice and specialization). The Central Register of Physicians of the Republic of Poland is maintained and made available by the Supreme Medical Chamber as a source of information on physicians and dentists licensed to practice in Poland.
2. The Register of Nurses and Midwives is maintained by the Supreme Chamber of Nurses and Midwives. The register collects data on nurses and midwives licensed to practice as nurses or midwives.
3. Register of entities performing medical activities (RPWDL) - verification whether the salon is registered as a medical entity or professional practice.
4. Documentation from the place where the procedure was performed (invoice, contract, consent form) - often includes the name and surname of the person performing the procedure.
5. Witnesses - people present during the procedure may testify as to the person performing the procedure.
6. Advertising materials, the website, and the salon's social media constitute public statements regarding the scope of services and staff qualifications.

Lack of qualifications for a person performing an aesthetic medicine procedure is one of the most important arguments in a compensation dispute. It strengthens the accusation of guilt, expands the circle of entities liable, and may result in higher amounts awarded.

This article is for informational purposes only and does not constitute legal advice.
The law is current as of May 6, 2026.

Author / Editor of the series:

Catherine Tobiasz

Legal Counsel
+48 502 471 767 | k.tobiasz@kglegal.pl