Hair transplants have become increasingly popular in recent years, promising to permanently restore hair density and hairline. It's a procedure that combines refined surgical technique — in the extraction and implantation of each follicle — with a biological response that varies from person to person. When the result falls well short of expectations, or complications arise in the donor or recipient area, it's natural to want to understand whether that was simply part of the healing process or whether something actually went wrong.
Common problems after a hair transplant
- Low survival rate of implanted grafts, well below the rate normally expected for the technique used;
- An unnatural-looking result (inadequate direction, angle, or density along the frontal hairline);
- Necrosis of the recipient area, caused by too many grafts implanted in the same region (overharvesting/overpacking);
- Necrosis or abnormal healing of the donor area, with visible gaps (a "moth-eaten" pattern), especially with the FUE technique;
- A wide, visible scar in the donor area, in the case of the FUT (strip) technique;
- Infection and persistent folliculitis in the donor and recipient areas;
- A result far removed from the before-and-after photos used to advertise the procedure.
Who is legally allowed to perform the procedure
A hair transplant is considered a medical act, meaning that the technical execution of the procedure — including the extraction and implantation of the follicles — must be performed by a licensed physician or under their direct supervision. A recurring problem reported by patients is that steps of the procedure are carried out by technicians or assistants without adequate physician presence or supervision. When this happens, in addition to any technical failure, there may be grounds to discuss the unlawful practice of medicine, which reinforces the clinic's liability for the harm caused.
The exact extent of what can or cannot be delegated to technicians during the procedure is a technical-regulatory topic that can be further explored with a lawyer based on the documentation of your case. [CASE LAW TO BE CONFIRMED]
Obligation of means or of result in hair transplants?
As with other cosmetic procedures, the survival rate of implanted hairs involves an individual biological response, which can be influenced by factors such as the condition of the scalp, post-operative care, and characteristics specific to the patient — which brings this part of the procedure closer to an obligation of means. On the other hand, aspects such as the planning of the hairline design, the extraction and implantation technique, and the proportion between the number of grafts removed and the health of the donor area depend directly on the technical skill of whoever performs the procedure — and a result far below what is technically expected may indicate a failure by the professional, regardless of normal biological variation.
Distinguishing a below-average result from a technical error
Not every result that falls short of the patient's expectations constitutes an error. A careful assessment usually considers: what was promised during the consultation and in the clinic's advertising, the technique used and its suitability for the case, the proportion between grafts available in the donor area and the area to be covered, and whether adequate guidance was given about post-operative care. A result with a survival rate well below the average for the technique used, or a donor area with visible, disproportionate damage, is usually a strong indication of a technical failure that should be investigated.
How to document your case
- Photograph the donor and recipient areas before the procedure, if possible, and continue documenting the progress with dated photos;
- Keep the advertising materials and the before-and-after photos of other patients used to convince you to undergo the procedure;
- Request a record of the number of grafts planned and actually implanted;
- Gather information about who performed each step of the procedure (the physician in charge, technicians involved);
- Seek an assessment from an independent trichologist or hair transplant surgeon regarding the result obtained;
- Keep all communications exchanged with the clinic before and after the procedure.