Just days shy of her 39th birthday, a woman stepped into an Oakville beauty clinic to try a new cosmetic treatment. The esthetician applied numbing cream over the woman’s face and body in preparation for microneedling, a procedure which involves repeatedly puncturing the skin with tiny needles to improve the skin’s appearance. Then the woman started seizing and vomiting. She was pronounced dead at a nearby hospital. A coroner later determined she had died from lidocaine toxicity. The cream was a prescription anesthetic that was only supposed to be used by or under the supervision of authorized medical staff. The clinic’s medical director, however, was not involved in the procedure. He was not in the building. In fact, he did not even learn about the woman’s death until the next day. The November 2020 death is the subject of a $3-million lawsuit, in which the woman’s family accuses the clinic, Beautox Bar & Wellness Lounge, its medical director and others of negligence. The defendants deny any wrongdoing. The woman’s death also exposes glaring holes in Ontario’s oversight of medical spas and beauty clinics that may put customers unwittingly at risk, a Star investigation has found.
Rise of a troubling trend
Esthetic injectables such as Botox or fillers carry a range of risks from common side effects to serious infections. In Ontario, they can either be done by authorized health-care professionals or delegated by a medical director — a licensed physician or nurse practitioner who is supposed to be responsible for assessing customers and making sure their treatments are performed safely. Medical directors can delegate these treatments to staff, and there is currently no explicit requirement the directors be on site or even nearby when the treatments are performed. These loose conditions have given rise to a troubling trend: beauty clinics will pay doctors or nurse practitioners for nothing more than to list them as a medical director. Their names may appear on the clinics’ websites, giving the consumers an illusion of assurance. But in reality, the medical directors may have little to no involvement in the clinic’s day-to-day operations. Within the industry, it’s been referred to as “renting a licence” — and it can be lucrative. Doctors told the Star that clinics offer to pay thousands of dollars per month for a medical director on paper. It has opened up a floodgate for unsupervised medical procedures performed by unqualified people, industry experts say. “If something is going to go wrong, it can go wrong within seconds to minutes, and it can be devastating,” said Dr. Ihab Matta, who has run a cosmetic clinic for more than 30 years. “If a medical director is not there, well, the patient is in limbo.” Dr. Ihab Matta is among those calling for more stringent rules around cosmetic injections to improve patient safety. Sheila Wang / Toronto Star Provincial regulators are reviewing the rules around the delegation of medical procedures that are otherwise reserved for physicians and nurse practitioners, with the College of Physicians and Surgeons of Ontario proposing a new policy that would require physicians to be physically on-site to supervise delegates in most cases.‘Nobody was at the clinic but the esthetician’
Esthetician Rachel Wong was the only worker at the Beautox clinic that November 2020 evening when the customer arrived for her first-ever microneedling. Wong opened a tub of cream, a mix of local anesthetics lidocaine and tetracaine, and applied it to the woman’s face, chin, neck, chest, back and legs. Details of what happened are contained in police records, a coroner’s report and a lawsuit filed by the woman’s sister and mother. The lawsuit does not disclose the woman’s name in order to protect her privacy. Its allegations have not been proven and the case remains before the court. The woman first felt dizzy and light-headed. Wong suspected it was due to hunger and ordered food. When Wong returned from picking up food at the door, she found the woman lying on the bed feeling unwell. The woman told Wong she felt like the room was spinning. Soon after that her legs began twitching, then her whole body began seizing and she started vomiting. The coroner found the woman died of lidocaine toxicity, noting that the concentration was too high. Wong first called Nga Luu, owner of Beautox and a registered nurse, before dialing 9-1-1, the lawsuit alleges. When paramedics arrived, they found the woman on the floor beside the treatment bed, in the midst of seizure. The lawsuit alleges the medical director, Toronto doctor Anthony Chen, prescribed excessive quantities of the lidocaine cream for the clinic and did not monitor how it was used, failed to properly supervise the clinic and the employees, and was wilfully blind to the improper use of lidocaine cream by the clinic employees. “Nobody was at the clinic but the esthetician,” the deceased woman’s sister said in an interview with the Star. “If you had somebody who was qualified, even someone who knows first aid CPR like any of those things, I think they would recognize the signs and know what to do.” “The angering part really for me is the fact that like all of this happened it’s like nobody seems to be held accountable for it.” Pull Quote – Singh There should be a medical director who is a physician, who is trained in the esthetics, who can manage complications, and who should be on site. Chen, Luu and Wong all denied that they had breached any duty of care in their respective statements of defence. In his court filing, Chen said the prescribed cream was to be used during Botox treatments, not microneedling, and he had delegated the use of it only to Luu. As the clinic’s medical director, Chen said his duties included reviewing medical questionnaires filled out on the patient’s behalf, as well as being available for in-person or video consultations. Chen’s statement of defence states that microneedling did not fall under the scope of his agreement with Beautox, so he had no involvement with those treatments. He had no physician-patient relationship with the woman and could not have known the anesthetic cream would be “misused.” For the woman’s sister, the explanation feels insufficient. “For someone to say ‘I didn’t know’ is an incredible lack of professionalism, a lack of judgment and a total cop out on your responsibility as a medical director,” she said. Chen did not respond to questions from the Star, including what compensation he received for being medical director at the Beautox clinic. Neither Luu, the clinic’s owner, nor Wong responded to the Star’s questions.Loose regulations to blame, expert says
The problem, says Dr. Ashwani Singh, lies in the regulation.‘Renting a licence’
The call itself wasn’t surprising for Dr. Singh. The person on the other end of the phone was offering $4,000 a month to act as a medical director for a beauty clinic with no requirement to be involved in the day-to-day work. Singh, a doctor who specializes in advanced aesthetic treatments, had received similar offers before, including one pitching an equity ownership of 50 per cent of a beauty clinic if he just allowed them to use his name as a medical director. But as he did each of those previous offers, Singh quickly turned it down. As commonplace as these offers have become, it was nevertheless unnerving for Singh, who has grown increasingly concerned about the trend of absent medical directors in Canada’s esthetic sector. “At the end of the day, it’s the safety of the patient that is being compromised,” he said. In the GTA, the going rate for a medical director “renting” their licence is around $2,000 per month, according to one physician in the industry who asked not be named for fear of professional backlash. Since they are not required to be on site — or anywhere near the clinic — there is nothing stopping someone from being the medical director of numerous clinics. The Star found a nurse practitioner was listed as a medical director for at least six different beauty clinics located as far as 250 km apart from each other. For the sister of the deceased patron of the Beautox clinic, there is only one reason a doctor or nurse practitioner would accept being a medical director for a clinic without being part of the patients’ treatments: “It’s just a money grab.”Letter calls for stronger regulations
Dr. Singh and dozens of physicians across Canada have penned a petition letter to the federal government for stronger regulations for the esthetic injection sector. “While the esthetic industry has flourished and offers many the ability to enhance their appearance and confidence, the current regulatory framework does not sufficiently safeguard patient safety and warrants urgent attention,” reads the letter, dated September 2024. It noted, in some countries, only physicians are allowed to perform these procedures. In Quebec, the medical regulator made an effort to stamp out off-site physicians delegating staff to perform certain treatments unsupervised. In its 2020 practice guide of the Quebec College of Physicians, it requires the prescribing physician at an esthetic clinic to be accessible and available within 15 mins of an injection procedure to manage and monitor complications. The college said that it was deeply concerned that the proliferation of practices of medical esthetic treatments such as Botox and fillers performed outside a medical clinic at beauty clinics, salons and spas. The changes in Quebec are a start, the letter notes, “but more needs to be done and be standardized for all Canadian provinces and territories.” The letter urged the federal health minister to consider implementing stricter oversight measures for non-physicians performing injections in cosmetic medicine, as well as required supervision by qualified professionals. “With the appropriate measures, we can prioritize patient safety and uphold high medical standards as this industry continues to thrive.”Source link








