I HAD A FAST FACIAL AT SPA SYDELL about a month ago that resulted in pretty severe faCial rash turned pustulues and eventually erupted sore s over the majority of my face which led to scarring and very visible depigmentation ( i have vitiligo which i informed the spa technician of and how it affects my skin IF i have trauma that causes scarring and she assured me that nothing she was using would cause any such reaction).. i have paid out iof pocket for red light therapy (had to sign contract for 6 mos@39/mo+25 enroll fee) and uv tanning (2 mos @59/mo+25 enroll fee after2 single sessions @23 ea) to calm and dry up facial disgustingness (not to mention the $100+ easily spent on washes and lotion and moisturizers and make up and concealers to hide my face) and missed a few days work (work in a fine dining restaurant and my face was not something i wanted to see..much less present to well paying guests so going was not really an option).. i feel i should seek something more then the reund of the $118 i spent, which they did in form of store credit- no refund for the 30$ tip i gave to spa lady who did this to me, but whatever)..i am fairly self confident but am now embarrassed to the point i went and had a custom spray tan to kinda hide the contrasting polka dots on my face..any advice on how to proceed / what to expect?
If the damages was done as a result of the treatment your received, you may be able recover for your damages from the company. However, you will have to prove that they cause the damages. However, if you signed a release when you received the refund then you may be limited in what you can recover.
It's difficult to give you specific advice on this forum, but I will say a couple of things. First - I would not post any more information on this site, or any social media sites. All of that will ultimately be used against you if you pursue a case (ex., you get out for a glass of wine with your girlfriends and post it on FB. All of a sudden, they are arguing that you are not that broken up about it because you are out and about having drinks and "partying"). So - nothing on social media. Secondly - take pictures of your face. Good pictures with a good camera, including closeups. Hopefully the damage will heal over time, but you are going to want to document how it looks now that is so troubling. Three - don't sign anything with the Spa.
This should be a simple negligence case, unless the job description of the person performing the treatment is covered by O.C.G.A. 9-11-9.1(g). Then it's more complicated. That is a start, but you should call one of us on here who do personal injury and get a full consultation. It doesn't cost you anything, and you will leave more educated about the process if nothing else. Good luck
You should gather your records and see a personal injury attorney. I'm not sure if this type of service would be covered under "medical provider" for purposes of medical malpractice, which is just as well, since a simple negligence case would be easier and frankly less expensive, to prove. If you can show that your injuries and subsequent treatment to fix the issue is related to the facial, you have a case.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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