New York City, 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 New York City 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.

New York is taking unprecedented action against the med spa industry.

Following a state-wide investigation, the New York Department of State issued citations to more than one-third of the 233 med spa businesses it inspected. According to Secretary of State Walter T. Mosley, officials recovered evidence of wrongdoing from dozens of different locations.

At some sites, investigators found counterfeit products, expired medication, and controlled substances like xylocaine and fentanyl; at others, officials discovered medical waste stored in the same containers as new needles. Many med spa businesses that offered medical services, whose staff were not qualified to perform were also accused of practicing medicine without a license.

“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 dangers described by Mosley are not speculative. The New York Department of State’s press release indicated that the Division of Licensing Services has referred the owners of multiple med spas for criminal prosecution. In one case, a Queens woman received between “128-140” injections of a cocktail she was told consisted of Botox, stem cells, and other compounds. Instead, she was given a mixture of “unknown substances” that caused “redness, bleeding, swelling, and substantial pain.” Another woman, who received treatment from an unlicensed salon in Warwick, ended with a bacterial infection, developing a life-threatening condition called sepsis as a result.

You do not have to accept pain and financial hardship in place of real accountability.

If you or a loved one has been injured after receiving treatment at a med spa, you could be entitled to significant compensation for your injuries. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in New York City and throughout the state secure 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 New York City and schedule your 100% free, no-obligation consultation as soon as possible.

A med spa is any business that provides some combination of conventional spa services and aesthetic medical procedures. Since different businesses provide different services, there is no single entity that regulates med spas at the state level. Instead, different licenses are provided by:

1. The New York Department of State;
2. The New York State Education Department; and
3. The New York State Department of Health.

The lack of uniform regulation means that customers have no easy way to check a spa’s credentials. In some cases, a business may even hold a license that authorizes it to perform some services but not others.

The New York Department of State inspected 223 businesses at locations across the state.

Of these businesses, at least 87 were cited for possible violations. These alleged violations include, but are not limited to, the following:

1. Using products that were expired or counterfeit;
2. Inappropriately using, prescribing, or storing controlled substances;
3. Improperly storing and separating new needles and used needles;
4. Possession of medical devices used in procedures that some businesses are not licensed to perform; and
5. Practicing medicine without a license.

Most of the state’s proposed violations are still pending, but New York has already taken action against some of the worst offenders by revoking business registrations and suspending special licenses.

One of the most alarming claims raised by the Department of State relates to the unlawful practice of medicine. In a press release, State officials noted that many unlicensed med spas either offer or offered types of treatment that are typically categorized as medical services and, by extension, require professional accreditation to perform.

These services include, but are not limited to, the following:

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.

More often than not, patients who receive these kinds of medical services have no reason to believe that their spa is not licensed or otherwise qualified to offer these procedures.

If and when a patient is injured due to a med spa’s negligence, malpractice, or failure to disclose a known risk, they could be entitled to take legal action against the spa’s owner or operator.

If you or a loved one has been injured by a med spa treatment, you could be entitled to significant compensation. However, filing a lawsuit is often much easier than fighting one. Instead, negotiating a settlement or obtaining a court-ordered award almost always means building a strong, evidence-based case for compensation.

All of the following types of evidence could prove critical to your claim:

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.

Even if you do not have enough evidence right now, you could still take action.

If you think that you could have a claim, the Dietrich Law Firm P.C. could help you obtain further evidence. During a typical investigation, we could:

1. Send a preservation letter to the med spa to prevent the spoliation, or intentional destruction, of any relevant evidence they hold;
2. Interview eyewitnesses and depose employees involved in the procedure;
3. Subpoena the med spa’s internal policies and communications logs;
4. Represent your interests in discussions with the med spa, its defense counsel, and the insurance company; and
5. Prepare to take your case to trial.

New York does not cap damages in most personal injury claims, which means that you could receive as much money as you need to reclaim your financial independence. However, your rights could be contingent on how quickly you choose to take action. State law might not limit compensation, but it does set strict statutes of limitation. If you wait too long to contact an attorney, the statute of limitations on your claim could expire. Once it does, you could be barred from filing a lawsuit, potentially preventing you from obtaining any compensation for your injuries.

Do not take chances with your rights. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes personal injury lawsuits. We know what it takes to make a compelling, evidence-based case for compensation, and we have the results to prove it. Call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a med spa injury lawyer near New York City and schedule your 100% free, no-obligation consultation as soon as possible.

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 New York City, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!