I had an infection after a simple procedure, like botox. Is that grounds to sue the clinic?

It might be, depending on the cause of the infection. Even procedures considered simple require adequate aseptic technique. If the infection resulted from a failure in that care, there are signs of a failure in the provision of the service that should be investigated.

The clinic gave me an antibiotic and said it would fix the problem at no cost. Do I have to accept that?

You're not required to accept a unilateral solution proposed by the clinic itself without understanding your rights. Before accepting any offer, it's worth gathering documentation of the case and seeking independent legal guidance.

How can I prove the infection came from the procedure and not from another cause?

The causal link between the procedure and the infection is usually shown by the timing between the treatment and the onset of symptoms, by medical tests, and, when necessary, by an expert report or opinion. A lawyer can advise on the most appropriate evidence for your case.

Post-Procedure Infection

Post-procedure infections are among the most common complications reported by patients of cosmetic procedures, whether surgical or minimally invasive. While any procedure that breaks the skin barrier carries some risk of infection, a good share of the cases we handle are associated with avoidable failures in asepsis and care within the clinic's environment.

Warning signs of an infection

Redness that worsens instead of improving in the following days;
Increasing swelling, warmth, and pain at the site;
Purulent discharge (pus) coming from the treated area;
Fever, malaise, or chills;
An unpleasant odor in the area of the procedure.

If you experience these signs, seek medical attention as soon as possible — untreated infections can progress and further compromise your health. Documenting the case can be done in parallel with treatment.

When an infection may indicate a failure by the clinic

An infection can occur even when all appropriate precautions are taken — it's an inherent risk in various procedures, especially surgical ones, and is usually disclosed in the informed consent form. On the other hand, there are factors that point to an avoidable failure on the part of the clinic, including:

Materials and instruments not properly sterilized;
A procedure environment lacking the required sanitary conditions;
Products (such as fillers or threads) without proper origin or health registration;
Absence of an asepsis protocol before and during the procedure;
Lack of adequate guidance on post-procedure care to prevent contamination.

The clinic's liability as a service provider

As a service provider in a consumer relationship, an aesthetic clinic is generally held strictly liable for defects in the provision of the service, under Brazil's Consumer Protection Code — which includes failures in the environment's sanitary conditions and in the materials used. This means that, when there are signs of an asepsis failure, it is not necessary to prove the clinic's intent or subjective fault in order to discuss its liability.

How to gather evidence of a post-procedure infection

Seek medical attention and request tests that confirm the infection (such as a discharge culture, when indicated);
Photograph the progression of your condition from the first signs;
Keep prescriptions for antibiotics and any other treatments prescribed as a result of the infection;
Request the medical records of the original procedure, including information about the materials used;
Gather communications exchanged with the clinic, including any responses it gave about what happened.