Can i sue a laser hair removal spa for medical malpractice, false advertising, and deceptive practices? No contract here

Asked almost 2 years ago - Los Angeles, CA

I made a mistake of paying over the phone for laser hair removal in November 2009. I paid a $1000 deposit and then 500+ every month until the balance of $5,000+ for the full body hair removal. The owner promised up to 90% reduction and permanent results. I never signed anything. After the first 3 very painful treatment, i've noticed no results and asked for my money back. The owner refused and ins offered that instead they would treatment with a different laser, ND YAG Candela Gentle. I also saw increased hair growth in areas where i had fine hair. There was never any evaluation by a physician. After almost 3 years, i've seen no results and came out looking worse than before. What are my best options? Will I be able to get a lawyer on a contingency fee or small claims. Very low income

Additional information

for the trial, will i need to bring new hormone lab tests ( i guess for testosterone), although i had some lab tests done during those treatments, should i get something in writing from another clinic or another doctor( like a dermatologist) to support my case. I also kept photographs and some videos before and after the treatments.
I later found out that they used an inappropriate laser to treat me (ND Yag on a light skinned Caucasian patient) and a low setting which triggered hair growth in areas where there was fine hair before.
They also wanted to me sign a release form stating that i would destroy all photographs and never talk about it or publish anything on the internet in exchange for $295 touch ups

Attorney answers (4)

  1. Charles Jervis Mellor

    Contributor Level 12

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    Best Answer
    chosen by asker

    Answered . The facts you present do not appear to support a claim for "Medical Malpractice". You may have a case for negligence, fraud and/or misrepresentation. Given the nature and amount of damages, small claims court would be your best option. I do not think the matter would appeal to an attorney on a contingency fee basis.

    Use Avvo to find a litigation attorney in your area. Some will assist you, for a nominal fee, in preparing for your day in small claims court.

    Good luck!

    The information presented here is general in nature and is not intended, to be construed as legal advice. This... more
  2. A Melissa Johnson

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . If you want to get your money back, you can sue in smal claims court for as musch as $10,000.00.

  3. Steven Mark Sweat

    Contributor Level 19

    3

    Lawyers agree

    Answered . Probably not something you will be able to prove damages easily and, therefore, not a case an attorney would take on contingency. If you sue in small claims court, you wouldn't need an attorney but, would be limited to $7,500 total limit on recovery.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Paul J Molinaro

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . In a laser hair removal case where the alleged injuries occurred some time ago, one should consult a local medical malpractice attorney right away... time is of the essence in such a matter. However, not many attorneys (myself included) are eager to take these cases as they are difficult to win and expensive to bring. When getting laser treatments, there are many issues that need to be addressed, including, but not limited to: Was the facility a physician's office? A rejuvenation spa? Was an actual physician present or was it just a bumbling cosmetician? What training did the person shooting the laser beams have? What was the condition of the laser? Did it malfunction? Was the facility properly accredited? Was the clinic advertising falsely?

    All in all, cosmetic surgeries gone wrong are difficult cases due to the perceived narcissistic personality of the plaintiff, the likelihood that there are no lost wages to add to economic damages, and the requirement of hiring expensive medical experts and technicians to show the “medical” provider acted negligently and/or the machine failed.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen&Molinaro;, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.888MDJDLAW.com
    “When you need a Lawyer, call the Doctor”


    ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;... more

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