A growing trend has resulted in medical spas popping up all over the country. They offer a variety of services, ranging from massages to minimally invasive medical procedures. But along with an increase in popularity, there have also been mounting concerns regarding safety.
In some cases, patients have been injured long-term. Learn under what circumstances medical spa lawsuits can be sought when a doctor’s, technician’s or esthetician’s negligence resulted in physical harm.
Types of Injuries Sustained at a Medical Spa
It’s important to note that any type of medical procedure performed at a spa should be under the care of a qualified, competent and credentialed doctor. This is one of the best ways to reduce the risk of something going wrong. However, it still doesn’t guarantee against carelessness or recklessness.
One of the more common types of injuries that patients have suffered is burns stemming from laser surgery, which removes unwanted hair, wrinkles or age spots. Some of the burns have been severe and even disfiguring.
Other types of procedures may include liposuction, Botox or facelifts. A surgery labeled “minimally invasive" isn't always so. Any cutting could increase the risk of infection, with some patients developing life-threatening conditions.
The president of the International Spa Association warns, “If someone is cutting you open or injecting something into you, it’s not a spa service, it’s a medical one.” Those injured by medical personnel who are not doctors but are performing invasive procedures because of the lax laws surrounding the med spa industry can hire a medical malpractice lawyer to establish negligence and begin the process of filing a claim.
How Negligence May Factor Into a Medical Spa Case
There is always the chance that a procedure doesn’t go exactly as planned. This in itself doesn’t necessarily determine negligence. It would have to be proven that the doctor acted (or failed to act) in a reasonable manner. Each circumstance would need to be reviewed by an attorney to determine if the doctor deviated from an acceptable standard of care.
One example might be if the doctor was untrained and/or untruthful. A physician working at a medical spa may claim to be board certified or to have experience in performing a specific type of procedure or indicate he or she has hospital privileges but really doesn’t.
Improper techniques may have been performed for a procedure; dirty, faulty or broken equipment may be used; or a drug may be administered improperly.
Another issue that could arise in which a doctor may be found negligent is a failure to provide the patient with all of the necessary information to make an informed decision regarding treatment. This is known as informed consent. Not disclosing the benefits, risks and alternatives of a procedure could be considered negligence. Perhaps if the patient had been made aware, he or she might not have chosen to undergo the procedure.
Speak to an Attorney When Pursuing Medical Spa Lawsuits
Whether a doctor admits a mistake or not, if someone has been seriously injured, it’s a good idea to seek legal advice. Medical malpractice is a complicated area of law, and the situation could be even more difficult when it involves a spa because they aren’t always closely regulated like a hospital or other type of medical facility.
After reviewing the circumstances of a case, a determination will be made as to whether or not legal action can be pursued. If so, it will be important to have ready any documentation or paperwork that may be useful for establishing liability or the extent and severity of one’s injuries.
An attorney will help determine the types of damages that have been suffered. Medical spa lawsuits can address additional medical expenses to treat the injury or missed work time. It is even possible that medical spa lawsuits can address the pain and suffering that an individual suffers when he or she feels anxious about interacting with the public after receiving second-degree burns from a laser hair removal treatment, for example. The attorneys at the law office of Jason R. Schultz P.C. are focused on the area of medical negligence and can start your claim against a med spa today. Call 404-474-0804.