New York State Med Spa Violations

The New York Department of State recently concluded a state-wide investigation into the med spa industry. In a press release, Secretary of State Walter T. Mosley said that more than one-third of the 223 med spa businesses inspected have since been issued citations for varied safety and regulatory violations, including the unlawful practice of medicine.

“Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license,” 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 death.”

Mosley’s assessment of the risk is not speculative. Outside of its inspections, the New York Department of State’s Division of Licensing Services is pursuing criminal charges against multiple med spas. In one case, a woman was told that she would receive appearance-enhancing injections consisting of Botox, stem cells, and other compounds. Instead, she was given a cocktail of “unknown substances” that left her in serious pain. In another case, an unlicensed Warwick spa performed a series of procedures that resulted in a life-threatening bacterial infection accompanied by sepsis.

If you have been injured at a med spa, you could be entitled to significant compensation.

Here is what you need to know about:

Med Spas and Medical Services

The New York Department of State has accused dozens of med spas of practicing medicine without a license. In its press release, the agency emphasized that all of the following procedures are typically categorized as medical services:

1. Injections of any drug, including Botox;
2. Cool sculpting;
3. Liposuction;
4. Cryotherapy;
5. Laser procedures, except laser hair removal;
6. Dermal peels;
7. Ultrasound therapy;
8. Hormone replacement therapy;
9. Skin tag removal; and
10. Vitamin infusions.

If a med spa does not employ trained staff and is not licensed as either a medical facility or private medical practice, it could be liable for any injuries you sustained due to treatment.

Filing a Med Spa Injury Lawsuit

If you have sustained serious injuries as a result of a med spa treatment, you could have standing to file a personal injury lawsuit. However, the legal system expects most claims to be accompanied by compelling evidence of negligence or misconduct. You do not have to have an ironclad case from the get-go, but you should make an active, intentional effort to preserve any evidence that could be relevant when it comes to filing your claim.

Relevant evidence could include any of the following:

1. Photographs of your injuries;
2. Medical records showing you sought care for your injuries;
3. Receipts showing the date, time, and type of treatment you received;
4. Letters or electronic correspondence between you and the med spa; and
5. Documentation indicating that you missed work while recovering.

Your personal injury lawyer could help you obtain other evidence critical to proving your claim. Depending on the circumstances of your case, this could involve subpoenaing the med spa’s management, inspecting internal communications records, or deposing employees to determine what type of training, if any, they received.

Obtaining Damages After Being Injured By a Med Spa Treatment

The term “damages” describes compensation for different forms of loss, hardship, and suffering.

Filing a personal injury lawsuit after a med spa injury could help you obtain damages for:

1. Your hospital bills;
2. The cost of anticipated care;
3. Elective or reconstructive surgery;
4. Physical rehabilitation;
5. Mental health counseling;
6. Lost income from work;
7. Pain and suffering; and
8. Disfigurement.

If you think you could have a case against a New York med spa business, contact the Dietrich Law Firm P.C. today at 1-866-529-5334 to schedule your free consultation.