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Buffalo, 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 Buffalo Families. If You or Your Child Have 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.
New York recently announced that it has taken action against dozens of “Med Spa” businesses operating throughout the state. In a press release, the New York State Department of State explained that its investigation focused on “appearance enhancement businesses offering medical procedures, including the injection of Botox, fillers, and intravenous infusions.”
During the inspections, health officials allegedly found Med Spa businesses using expired products and counterfeit merchandise. In some cases, Med Spa outlets, including those that were not licensed to practice medicine, were found in possession of strictly-controlled substances, ranging from xylocaine and propofol to fentanyl. Investigators also found evidence indicating that some businesses regularly used “dirty needles” and, at times, ordered staff to perform procedures they were not qualified to undertake.
“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. “Unlicensed or unqualified staff, dirty needles, expired or counterfeit Botox and fillers, and unsanitary conditions can lead to serious injury or even death.”
The New York State Department of State reports that it investigated 223 Med Spa-type businesses. Of these, more than a third, 87 in total, were cited for a number of possible violations, including the unlawful practice of medicine. The State Department notes that the outcomes of most inspections are still pending resolution, but said that officials have already taken action against several businesses.
One of the most alarming takeaways from the state’s report is that many Med Spa businesses did not just practice medicine without a license; they hurt people, too. The Department of State’s Division of Licensing Services, for instance, has already filed criminal complaints against several Med Spa services. In court filings, attorneys described how a Queens woman received between “128-140” neck injections of “unknown substances,” resulting in “redness, bleeding, swelling, and substantial pain.” Another complaint details how an unlicensed salon in Warwick provided services that led to a customer developing an infection and sepsis, life-threatening conditions that required hospitalization.
If you or a loved one has sustained injuries after receiving treatment or undergoing another procedure at a Med Spa business, you could be entitled to significant compensation. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in Buffalo recover more than $250 million in damages. We could help you, too. Please send us a message online or call us today at 716-839-3939 to speak to a Med Spa injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.
3 FAQs About Med Spa Services and Civil Liability1. What Is a Med Spa?
A med spa combines conventional spa-type services with aesthetic medical procedures. These procedures typically include:
- Botox injections;
- Fillers;
- Medical facials; and
- Laser therapy.
Some services offered by med spas do not require a license or medical training. However, certain procedures are generally off-limits to non-medical professionals.
2. What Types of Treatment Are Considered a Medical Service?
The New York Department of State notes that medical services “tend to be more invasive and riskier than traditional spa offerings, although there are several well-known cosmetic procedures that require a medical license to perform.”
All of the following procedures are usually categorized as medical services:
- The injection of any drug, including Botox and fillers;
- Cryotherapy;
- Microneedling;
- Ear candling;
- Pen treatment;
- Plasma-based treatments;
- Ultrasound; and
- Vitamin infusions.
Under state law, any business that offers any of these services must be licensed as a medical facility or a private medical practice. As a general rule, med spas that offer medical services are overseen by licensed medical professionals, typically a doctor or nurse practitioner with sufficient experience to ensure that patients are receiving safe, high-quality care.
3. How Do I Know if I Have a Case?
You could sue if the following are true:
- You received treatment or underwent a medical procedure at a med spa;
- You sustained serious injuries as a result of the treatment; and
- Your injuries resulted in damage.
However, the course of your lawsuit will most likely be dictated by a combination of other factors. Filing a lawsuit against a business that has already been found liable for practicing medicine with a license, for instance, requires a different set and standard of evidence than litigating a claim against a med spa that was owned by a doctor but which employed inexperienced or untrained staff.
HAVE YOU OR A LOVED ONE SUSTAINED SERIOUS PHYSICAL INJURIES AS THE RESULT OF A MED SPA TREATMENT OR MED SPA SERVICE?
CALL JED DIETRICH, ESQ., AND HIS TEAM OF HIGHLY QUALIFIED BUFFALO, NEW YORK, PERSONAL INJURY ATTORNEYS AT 716-839-3939
NOW TO OBTAIN THE HELP THAT YOU NEED!
Lawyers, judges, and insurance companies all use the term “damages” to describe compensation for different types of loss, suffering, and hardship. Every state has its own rules for awarding damages. In New York, damages typically fall into any one of the following three categories:
- Economic damages. Your economic damages, or “special damages,” compensate verifiable financial losses. These damages could include money for medical bills you have already paid, treatment you will never need moving forward, and any income you have lost from work as a result of your injury.
- Non-economic damages. Your non-economic damages, sometimes called “general damages,” compensate comparatively subjective forms of hardship. Non-economic damages could include compensation for injection-related scarring, emotional pain and suffering, or loss of enjoyment.
- Punitive damages. Punitive damages are not compensatory. Instead, they are awarded to punish especially egregious acts of negligence. Obtaining punitive damages usually involves proving that the defendant failed to act despite knowing that its policies, practices, or actions could foreseeably lead to injury.
Unlike many other states, New York does not cap damages in most personal injury claims.
However, you cannot afford to wait too long to take action. New York may not limit compensation, but it does have strict statutes of limitation that apply to every personal injury claim. If you delay, the statute of limitations applicable to your claim could lapse, and once it does, your lawsuit could be dismissed on a technicality.
You should never take chances with your rights. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. knows what it takes to build a strong, compelling case for compensation, and we have the results to prove it. Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a med spa injury lawyer near Buffalo and schedule your free, no-obligation consultation as soon as possible.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!
