Rochester, 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 Rochester Families. If You, or Your Child, Have Sustained Physical Injuries from a Med Spa Treatment or Meda 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 warned consumers that many of the “med spa” businesses operating in Syracuse and throughout the region lack the licenses and qualifications needed to perform even basic procedures.

In a press release, the State Department said that investigators found evidence of wide-ranging negligence at dozens of different med spa locations. Health officials found a number of expired and counterfeit products, as well as well tightly-controlled prescription substances like xylocaine and fentanyl. Some businesses owned expensive medical devices that staff were neither trained nor qualified to use.

Out of the 223 med spa businesses investigated, more than one-third are believed to have committed violations. Although most inspections are still pending resolution, the state notes that it has already started to enact penalties against the worst alleged offenders. These penalties have included heavy fines, license revocations, and other suspensions.

“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 State Department emphasized that its concerns go beyond licensing formalities. In its initial report, the agency observed that several med spa businesses have been implicated in cases involving serious physical injury. A location in Queens, for instance, was the subject of a criminal complaint. In that case, state officials reported that a woman was “injected [with] unknown substances into her face, neck, and breasts,” and told that the injections were “Botox, stem cell, collagen treatments, and other injectable microneedle treatments.” Later, the patient reported “redness, bleeding, swelling and substantial pain.” Others have been hospitalized as the result of deceptive or failed med spa treatments.

If you, or a loved one, have sustained injuries as the result of a med spa procedure, you could be entitled to significant compensation. For more than 20 years, the Dietrich Law Firm P.C. has fought to protect the rights of families in Rochester and throughout Upstate New York. A recognized U.S. News & World Report Best Law Firm, our experienced team of attorneys knows what it takes to build a compelling, evidence-based case for recovery. Please send us a message online now or call us today at 585-939-3939 to speak to a med spa injury lawyer near Rochester and schedule your 100% free, no-obligation consultation as soon as possible.

Why Med Spas and Medical Services Don’t Always Mix

The term “med spa” doesn’t have any specific legal meaning in New York. Instead, most med spas fall into a sort of unregulated grey area. Some don’t offer treatments beyond what you could find at an ordinary spa, while others specialize in treatments that should never be performed by anybody who isn’t a licensed medical professional.

The New York Department of State notes that any of the following common med spa procedures could be categorized as medical services:

1. Botox;
2. The injection of any other drug;
3. The use of fillers, whether injectable or administered by pressure pen;
4. Liposuction;
5. Microneedling;
6. Laser procedures, except for laser hair removal;
7. Dermal peels;
8. Plasma treatments;
9. Ultrasound therapy; and
10. Vitamin infusions.

Any business that provides any of these services must, as a general rule, be licensed as either a medical facility or a private medical practice. However, as part of its investigation, the New York Department of State found that many med spas offered a wide range of medical services without the requisite accreditation or licensure. In some cases, especially those involving untrained or inexperienced staff, the provision of these services can and has led to serious physical injury.

Common Med Spa Injuries and Outcomes

The improper or unnecessary use of different medical procedures and medical devices can have a lasting impact on patients. The nature and severity of these injuries vary. During its investigation, and in the course of prosecuting criminal complaints, the New York Department of State found that patients reported symptoms including, but not limited to, the following:

1. Localized pain around the site of injections;
2. Redness and swelling around the site of injections;
3. Bleeding;
4. Swelling;
5. Severe pain;
6. Bacterial infection;
7. Sepsis; and
8. Scarring.

The symptoms of a failed or improperly-performed procedure are often immediately noticeable, but they can sometimes take days, weeks, or even longer to appear. In some cases, treatment-related complications can cause more problems than the procedure itself. Bacterial infections, for instance, can cause tissue death, organ failure, and other serious medical issues, some of which could be life-threatening.

Asserting Your Rights With a Med Spa Injury Lawsuit

You don’t have to accept excuses in place of a fair recovery.

If you’ve been injured by a med spa treatment, you could be entitled to significant compensation. Depending on the circumstances of the procedure and the severity of your injury, you could receive damages for:

1. Medical bills;
2. The cost of anticipated care;
3. Physical therapy;
4. Mental health counseling;
5. Lost income from work;
6. Emotional pain and suffering;
7. Physical pain and suffering;
8. Loss of enjoyment; and
9. Disfigurement.

Since New York doesn’t cap or otherwise limit damages in most personal injury claims, you could obtain as much money as you need to reclaim your financial independence and begin building back. However, you should never wait too long to contact an attorney. In New York, personal injury claims are subject to rigid statutes of limitations. If you don’t act fast, the statute of limitations applicable to your claim could lapse, potentially forcing the court to dismiss your lawsuit on a technicality.

Don’t take chances with your rights. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in Rochester and throughout the state recover more than $250 million. We could help you, too. Call Jed Dietrich, Esq., today at 585-939-3939 to speak to a med spa injury lawyer near Rochester 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 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, 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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