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Aipedia: Aesthetics clinics
If an AI auto-setting on a laser or energy device burns a client, the operator is usually the first target of the claim, whatever the software did. DHSC now proposes restricting some laser procedures to healthcare professionals, so device AI sits in a changing legal landscape.
Part of: AI in aesthetics clinics
In short
Some laser, IPL and radiofrequency devices can detect skin type with built-in sensors or AI and suggest or set energy levels automatically. This can reduce error, but auto-settings can misread tanned or darker skin, and operators may stop checking. Burns, scarring and pigmentation changes can lead to claims. The DHSC consultation opened on 21 October 2026 proposes restricting some laser procedures to doctors, dentists, independent prescribing nurses, midwives and pharmacists. Treatment-risk cover usually responds to operator error, while a device defect may be a product liability matter for the manufacturer.
Modern devices may include skin-tone sensors, cameras that classify skin type, or software that recommends fluence, pulse duration and cooling from a library of protocols. Some lock settings to the detected skin type; others make a recommendation that the operator accepts. Manufacturers may market these features as safety tools and as a way for less experienced staff to treat consistently. The MHRA regulates medicines and devices, and manufacturers set the intended use and instructions for each device.
Illustrative scenario: a therapist uses an IPL device that sets energy from an automatic skin reading. The client has a recent tan that the sensor does not fully detect, and the therapist does not carry out a patch test because the device has "chosen" the settings. The client suffers burns and later hypopigmentation. The client sues the clinic, and the clinic argues that the device was at fault.
Other risks include ignoring the manufacturer's instructions because the software appears to compensate, running out-of-date software, using protocols outside the device's intended use, and staff whose training covered the device but not skin assessment.
In practice the client claims against the clinic or practitioner who treated them. The operator chose to treat, assessed the skin, decided whether to patch test and accepted the settings. If the clinic believes the device or its software was defective, it may have a claim against the manufacturer or supplier, but that is a separate route that takes time and depends on evidence such as device logs and service records. One medical defence organisation excludes product liability and software defects from its AI position, and some treatment-risk policies may treat product liability for equipment differently from treatment liability. See AI product and public liability.
Treatment-risk or malpractice cover usually responds to claims for burns or pigmentation caused by treatment carried out by a covered, appropriately trained operator, subject to the policy terms. Insurers may specify which treatments and devices are covered and the qualifications required. If the October 2026 proposals become law, treating outside the permitted professional groups could put cover at risk as well as being an offence. See aesthetic clinic insurance and beauty and wellness insurance.
Related: licensing, AI and insurance, AI training tools, does aesthetic insurance cover AI and the aesthetics AI hub.
Apex arranges indemnity for clinics using laser and energy devices. A broker checks that your devices, treatments and operators are covered and how auto-settings are treated.
Usually the claim is brought against the operator or clinic, who chose to treat and accepted the settings. You may have a separate claim against the manufacturer if the device was defective, but that depends on evidence.
DHSC has proposed restricting some laser procedures to doctors, dentists, independent prescribing nurses, midwives and pharmacists. The consultation closes on 13 January 2027 and legislation is planned for spring 2027. The final list is not yet settled.
Treatment-risk cover usually focuses on operator error. Equipment defects may fall under product liability, which some policies exclude or treat separately. Check how your wording deals with devices and software.
Tell us about your practice and the work you do. A broker will review how your current cover treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start an indemnity quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
