Albany, New York: Med Spa Violations

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Albany Families. If You or Your Child Has Sustained Physical Injuries from a Med Spa Treatment or Med Spa Procedure, You Deserve Aggressive Representation and an Experienced Personal Injury Lawyer Willing to Fight for Your Rights.

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The New York Department of State recently announced the findings of a state-wide investigation into the med spa industry. Over the course of hundreds of inspections, officials repeatedly found that med spas failed to follow basic safety standards. Many businesses owned medical devices that they were not licensed to use, while others had stocks of expired products and counterfeit goods.

“Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license,” New York Secretary of State Walter T. Mosley said in a statement. “Unlicensed or unqualified staff, dirty needles, expired or counterfeit Botox and fillers, and unsanitary conditions can lead to serious injury or even death.”

The risk of injury is not hypothetical. As part of its press release, Mosley’s office noted that the Department of State’s Division of Licensing Services has filed criminal complaints against the owners of several med spa businesses. In one case, a woman reported visiting a med spa in Queens, where she was told that she would receive an injection consisting of “Botox, stem cell, collagen treatments, and other injectable microneedle treatments.” She was given a cocktail of “unknown substances” that resulted in “redness, bleeding, swelling, and substantial pain.” Another woman claims to have developed a bacterial infection and sepsis after paying for treatment at an unlicensed med spa in Warwick.

One key takeaway from the Department of State’s report is that consumers themselves should not be blamed for treatment-related injuries. Many of the med spas cited in the course of the investigation advertised and performed treatments that are typically categorized as medical services that med spas are not authorized to provide unless they are licensed as a medical facility or private medical practice.

You do not have to accept pain and scarring in place of a fair recovery.

Although no amount of money can undo an injury, filing a lawsuit could help you reclaim your financial independence, build back better, and help ensure that a negligent business never gets another chance to hurt anyone else. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. knows what it takes to build a compelling, evidence-based case for recovery, and we have the results to prove it. Since our founding in 2005, we have helped our clients in Albany and across the state recover more than $300 million in damages. We could help you, too. Please send us a message online or call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a med spa injury lawyer near Albany and schedule your 100% free, no-obligation consultation as soon as possible.

Med Spas, Medical Services, And Liability

Med spas are part of a growing industry that remains poorly regulated.

Every med spa has its own specialty, but most provide a combination of conventional spa services and aesthetic medical procedures. Some of these procedures do not require a license or special certification and can be performed by properly trained staff. Others, in contrast, almost always require professional accreditation.

The New York Department of State notes that all of the following procedures are typically categorized as medical services:

1. Injections of any drug, including Box;
2. Cool sculpting;
3. Liposuction;
4. Cryotherapy;
5. Microneedling;
6. Ear candling;
7. Laser procedures, except laser hair removal;
8. Dermal peels;
9. Pen treatments;
10. Plasma treatments;
11. Radiofrequency treatments;
12. Skin tag removal;
13. Ultrasound therapy;
14. The prescription or use of weight-loss drugs like Ozempic;
15. IV therapy;
16. Hormone replacement therapy; and
17. Vitamin infusions.

Any med spa that provides any of these services must typically be licensed as a medical facility or private medical practice. Med spas that perform these services without licensure risk exposing their customers to a wide range of potential harms, including the risk of life-threatening medical complications. Furthermore, even if a med spa is run by a practicing physician, it could still be held liable for negligence or misconduct if staff lacked a necessary baseline of training, experience, or oversight.

3 Signs A Med Spa Could Be Liable For Your Injury

If a med spa sold you a service that left you seriously injured, in pain, or disfigured, you could be entitled to file a personal injury lawsuit for significant compensation. However, filing a lawsuit is often much easier than winning one. In order to negotiate a settlement or secure a court-ordered award, you will ordinarily have to prove that the defendant was in some way negligent.

Under most circumstances, this involves establishing the following elements:

1. You received treatment from or at a med spa;
2. You sustained serious injuries as a result of the treatment; and
3. The med spa’s negligence was the direct cause of your injuries.

If your case meets all three conditions, you could have the legal standing to sue.

Proving negligence could be fairly straightforward if you received a medical procedure that the defendant was not authorized to perform. It could also be quite difficult, particularly if the business were owned by a medical practitioner who disclosed the risks of the procedure beforehand.

If you think you might have a claim but still have questions, contact an experienced med spa injury lawyer today to schedule your free consultation.

Your Potential Compensation In A Med Spa Injury Lawsuit

In New York, the term “damages” is used to describe various forms of loss and hardship.

If you file a personal injury lawsuit against a med spa, your lawsuit must typically contain a plea for damages. As a general rule, damages are unique to a case; they are meant to reflect the many possible ways in which an injury has impacted your quality of life. Taken together, your damages can be used to calculate an award or negotiate a settlement.

Depending on the severity of your injury and the unique circumstances of your claim, you could be entitled to damages for:

1. Your medical bills;
2. The costs of anticipated medical care;
3. Reconstructive surgery;
4. Lost income from work;
5. Emotional pain and suffering;
6. Physical pain and suffering;
7. Loss of enjoyment; and
8. Disfigurement.

New York does not set a limit on damages in most personal injury claims, which means that you could receive as much money as you need to start working toward recovery. However, you should not wait too long to contact a med spa injury attorney. Even though New York does not cap damages, it still has statutes of limitation applicable to all personal injury claims. If the statute of limitations expires, you could lose your chance to sue, no matter how strong your case may have been.

Do not take chances with your rights: call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a med spa injury lawyer near Albany and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Albany, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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