I got a tattoo on my middle finger, and the artist went in too deep. I went to the doctor after what I thought was a bruise didn't disappear and he confirmed that the ink went into my bloodstream. Is there any legal action I can take, despite the fact that I paid cash, and that I signed a waiver form?
I would like my finger to not be bluish/purple. My doctor said that even laser treatments may not work because the ink is so deep in me.
Real Estate Attorney
You have three problems. The first is that the tattoo artist probably does not have a lot of money. Even if you sue him and win a million dollars, how can he possibly pay? The second is the extent of your damage. Is ink in your bloodstream harmful? Is it permanent? The third is the waiver. Some waivers are valid, some are not, depending upon the language and the disclosures of the known risks. Without seeing the waiver it is hard to respond further.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Medical Malpractice Attorney
Re Waiver: an exculpatory clause (waiver) designed to release one of negligence is generally unenforceable if it is against public interest. Obviously there is some significant analysis involved in whether or not your waiver is voidable. Past that, you have to establish the negligence of the tattoo "artist". Without knowing much about tattoos I have to imagine that this is probably an unreasonable result, reflecting negligence on the artist. Lastly, if this is a tattoo parlor you must hope for a valid insurance policy to cover your damages. You most likely have a long road to a recovery but in the end, may justify your time. Contingency fee arrangements are available for this type of matter. Call to consult a personal injury attorney.