Can a med spa be liable for medical malpractice?

Categorized: Medical Malpractice

Can a med spa be liable for medical malpractice?

Medical spas are becoming more and more popular in the U.S. However, despite their popularity, these facilities can pose serious patient risks. Here is a look at what you need to know about filing a medical malpractice claim against a medical spa.

What is a medical spa?

A medical spa is often described as a combination of a beauty spa and a doctor’s office. This description lies in the fact that many of the procedures that are performed in medical spas are cosmetic in nature, yet can be minimally or surgically invasive. Many medical spas offer services include Botox injections, facial peels, laser hair removal, and even plastic surgeries, like breast implants or tummy tucks.

Cracking Down on Medical Spas

New regulations in many states across the nation are cracking down over who can perform procedures at medical spas and how medical spas are licensed. One of the biggest concerns of receiving treatment at a medical spa facility is the risk of not being treated by an actual doctor—who has attended a minimum of four years of medical school plus residency—but instead by a person who went to cosmetology school.

Filing a Malpractice Suit against a Medical Spa

Many insurance companies offer medical malpractice insurance for medical spas. This coverage is extended due to the medical nature of many medical spas, especially those who provide more intensive procedures. Because medical procedures occur, professionals working in a medical spa owe a patient a high duty of care. If this obligation of care is forsaken, and the patient is harmed . As a result, a medical malpractice lawsuit may be filed.

Examples of misconduct that could warrant a lawsuit are listed below.

  • Burns from a laser procedure
  • Infection
  • Excessive bleeding
  • Improper anesthesia
  • Object left in patient during surgery
  • Improper Botox injection

The above can leave scarring, disfigurement, and even result in life-threatening conditions or death in some cases.

Damages Available in a Suit Against a Medical Spa

If you file a malpractice suit against a medical spa, you will be entitled to all damages that would be recoverable in a standard medical practice suit. These include, but are not limited to, damages for pain and suffering, disfigurement, medical expenses, and lost wages. A claim must be filed within two years in Pennsylvania.

How an Attorney Can Help

Medical spas aren’t regulated nearly as thoroughly as are hospitals and other medical facilities throughout the state. As such, pursuing a medical malpractice claim against a medical spa can be difficult. That being said, if you have been harmed because of the negligent actions of a medical spa professional, you do have the right to pursue legal action. Cordisco & Saile LLC can help. Call today to learn more at 215-642-2335

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