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VIC Duty of Care of Therapist on Patch Testing?

Discussion in 'Australian Consumer Law Forum' started by AllureBT, 4 October 2016.

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  1. AllureBT

    AllureBT Member

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    Hello,

    I am wondering as I see conflicting information about patch testing in beauty.

    Insurance companies say to follow manufacturers' guidelines (normally this states 'patch test if sensitive'), but I have heard that if a therapist does not patch test, it is a lack of duty of care on their part and a waiver form signed by the client means nothing. Is this true?

    Will the court say the therapist is in the wrong?
     
  2. Rod

    Rod Well-Known Member

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    Hard to know without very specific facts.

    It can be true. But there are also times when there may be no breach of the duty of care (DOC) and the waiver is fine. The problem is proving the breach of DOC. It is the plaintiff who needs to prove the breach. Not often easy to prove.
     
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