Syracuse, 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 Syracuse 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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New York officials recently issued a stark warning about the risks of med spas.

As part of an investigation, the New York Department of State inspected more than 223 med spa businesses. During site visits, officials reported worrying observations, including counterfeit products and the presence of controlled substances like xylocaine and fentanyl. Many med spa businesses appeared to own expensive medical devices that their staff were neither trained nor qualified to use.

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

In the same press release, Mosley’s office noted that the Department of State’s Division of Licensing Services has filed criminal complaints against several med spas. One of these criminal complaints involves a woman who was told that she was receiving injections consisting of “Botox, stem cell, [and] collagen treatments,” but was instead injected with “unknown substances.” Later, she reported experiencing “redness, bleeding, swelling, and substantial pain.” Other med spa patients have developed life-threatening conditions, like sepsis, after getting treatment from businesses they never realized were unlicensed.

If you or a loved one has developed physical injuries, an infection, or other complications as a result of a med spa treatment, you could be entitled to significant compensation. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in Syracuse and throughout Upstate New York recover more than $300 million in damages. We could help you, too. Please send us a message online or call us today at 1-866-529-5334 to speak to a med spa injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation.

What You Need To Know About Med Spas And Medical Services

A med spa is a business that offers conventional spa treatments alongside certain aesthetic medical procedures. Med spas typically provide services that include:

1. Botox injections;
2. Fillers;
3. Medical facials; and
4. Laser therapy.

Since announcing the findings of its investigations, the New York Department of State has repeatedly emphasized that some of these common procedures should only be performed by licensed medical professionals. All of the following services, for example, are categorized as medical treatment and require some form of training, licensure, or accreditation to undertake:

1. The injection of any drug, including Botox;
2. Cryotherapy;
3. Ear candling;
4. Pen treatment;
5. Microneedling;
6. Ultrasound therapy;
7. Plasma-based treatments;
8. Any laser therapy, except laser hair removal; and
9. Vitamin infusions.

Of the 223 med spa locations investigated by the state, more than one-third are believed to have been offering medical services without a license.

5 Steps To Take Before Filing A Med Spa Injury Lawsuit

You should not have to pay out-of-pocket because a med spa made a mistake, misrepresented its credentials, or offered services they were not qualified to perform. However, filing a lawsuit is much easier than fighting one, let alone negotiating a settlement, or trying a case before a judge and jury. Although you do not have to take on a med spa business by yourself, there are steps you can take now to protect your rights and help ensure that your case is not compromised before it ever gets to court.

1. See a Doctor

You should always see a doctor if you notice anything wrong after a med spa procedure.

Some med spa-related injuries are subtle and may not be immediately evident. However, certain complications can have serious consequences if left untreated. Seeing a doctor is often the best way to ensure that you receive the right diagnosis and the most effective treatment.

Aside from protecting your own health, going to the doctor’s office can help provide the evidence of injury that you will need to file a lawsuit.

2. Follow Your Physician’s Treatment Plan

If your doctor refers you to a specialist, physical therapy, or rehabilitation, make sure to follow through. In New York, one of the most common defenses in personal injury claims is called the “failure to mitigate damages” defense. This defense asserts that an injured person is responsible for obtaining a reasonable standard of care. If you fail to accept necessary treatment, and your injury worsens as a result, you may not be able to obtain damages you would otherwise be entitled to receive.

3. Protect Your Evidence

You can only sue for a med spa injury if you have documentation that:

1. Proves that you received treatment at a med spa; and
2. Proves that you sustained a physical injury as a result.

Seeing the doctor to discuss your initial injury can provide strong evidence for your claim, but it is not the only proof you will need to win a high-stakes lawsuit. Instead, you will need to demonstrate how, and to what extent, the injury has impacted your life.

Any of the following types of evidence could prove useful in establishing your damages:

1. Your medical records;
2. Credit card statements and invoices showing the date and type of treatment that you received at the med spa;
3. Proof that you have attended physical therapy;
4. Receipts for hospital parking, transportation to doctor’s appointments; and
5. Pictures of your physical injuries.

4. Avoid Discussing Your Case on Social Media

If you think that a med spa’s inadequate policies or underqualified staff caused your injuries, you may well feel inclined to sound the alarm on social media. There is nothing wrong with wanting to raise public awareness, but anything you say online, even if it is on a private account or posted as an anonymous, review could be used against you by the defense.

5. Contact an Attorney

Filing a lawsuit against a med spa could mean navigating a web of local ordinances, state laws, and federal statutes. Hiring an experienced attorney is often the best and most effective way to ensure that your evidence becomes the basis for a rock-solid claim. Depending on the circumstances of your case, you may not even have to pay out-of-pocket for representation.

The Dietrich Law Firm P.C., for instance, has spent decades working with accident victims. We know that money is often scarce in the immediate aftermath of an accident. Instead of asking our clients to pay upfront, we work on a strict contingency fee basis. This means that we only take payment as a percentage of an eventual settlement or court-ordered award. If we cannot win your case, we do not get paid. Please contact us today at 1-866-529-5334 to speak to a med spa injury lawyer near Syracuse 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 Syracuse, 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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