A beautiful young woman visited a brand new local medical spa in Orlando, Florida. She wanted to even out her skin tone and have more youthful-looking skin. She was greeted by the owner of the medical spa (not a medical professional) and was introduced to the person performing her facial treatment (an electrologist). The client was never seen by a doctor, nurse practitioner, or physician assistant before the procedure. The electrologist (who is only allowed to operate a hair removal laser or electrolysis device under the direct supervision of a physician) recommended to the client to get Radio Frequency (RF) Microneedling. This procedure involves the use of a medical device that uses needles that penetrate the top layer of the skin and send radiofrequency energy through the needles to reduce the appearance of wrinkles, scars, and other skin imperfections. The RF Microneedling device is sold only to physicians and must be used by medically trained and supervised professionals, not an electrologist.
The person performing the procedure was untrained and unfamiliar with the RF midcroneedling device. The energy setting was dangerously high. As the technician applied the device to the client’s face, the skin immediately burned from the high heat of the radio frequency energy. The tech continued to play with the settings and the device and did not stop applying the device to the client’s skin. Although the client was in pain, her skin was partially numb from a numbing cream, and was not familiar with the process. As the tech continued to work on the client’s face with the improperly calibrated device, the client knew something was not right and stopped the tach. When she got up and looked in the mirror, she was many burns in the shape of the device’s applicator all over her face. Some burns were very deep. She was later diagnosed with 2nd-degree burns and was left with scars on her face.
The client knew that the medical spa must be held accountable for the injury it caused her with the RF Microneedling medical device. She knew that the scars from the burns would last a long time and some may never go away. She called LOU LAW because she found that our firm specializes in cosmetic procedure injury law. Our attorney immediately got in contact with the medical spa and requested all of the client’s records. The attorney reviewed the records, investigated the medical spa, and found that its supervising physician was an anesthesiologist (a pain management doctor) who was never even present at the med spa on the day of the injury. The lawyer got in contact with the medical spa’s insurance carrier and began pursuing the claim while simultaneously preparing a lawsuit against the medical spa.
The med spa’s insurance company raised some coverage defenses that created a challenge for the attorney to obtain compensation. Although this is not usual, coverage defenses can significantly affect the case and recovery for the client.
After weeks of negotiating with the medical spa, our attorney was able to reach a settlement agreement for our client. Despite the challenges, we were able to settle the case in pre-suit without a formally filed lawsuit. This is the best-case scenario for a client and we at LOU LAW always maximize our efforts at the beginning stages of the case.
From the client’s initial contact to LOU LAW about her cosmetic procedure injury to the time she received a settlement check the effort took approximately 90 days. This is an unusually fast outcome in these complex cases. Our attorney’s hard work and our client’s fast response time and organized demeanor made this fast recovery possible.
If you are interested in cosmetic procedures, make sure you know who is performing them! Not all “med spas” are made equal. Some are owned by caring medical professionals that focus on their patients’ safety, but others may have inexperienced and untrained techs running the show. You can always verify a professional’s license in the State of Florida here