Can I sue the RN? the Dr that owns the MedSpa? the business? the area the RN treated and burned was not the area where I asked to be treated. It was supposed to be on my nose yet she treated my cheeks and under eyes. Some of the answers make it sound like I send a demand letter to their insurance company on my own? I do not want to go back to the MedSpa for possible correction as Dr. is not Board Certified. RN has since been fired and don't know where she has gone
Real Estate Attorney
You should consult with a personal injury/medical malpractice attorney for advice.
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If malpractice the nurse was employed by clinic and it would be clinics responsibility.
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I'm sorry for you injury. More information is needed to properly address your question. You may have options on who to bring your case again. Your best bet is to speak to a local personal injury attorney. Trying to simply send a demand to the insurance company without the proper preparation could hurt your chances are a full recovery. Many firms, including my own, offer free consultations.
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Of course. I've settled a couple a dozen of these in PA & NJ, thus, retain a local personal injury lawyer in your state to pursue a claim.
Your question raises few flags here. First, the treatment was applied to the wrong area. Second, you got burned, which indicates lack of competence, a possible defect in the equipment or combination thereof. If these facts are correct, you have a case against the nurse who did the treatment as well as the facility.
Get a scar revision evaluation by qualified plastic surgeon and hire a lawyer to represent you. Do not attempt to do this on your own and do not speak with the other side's insurance company without representation.
I'm available to represent you in this case and can recommend a local board certified surgeon if you'd like.
The Medical Board of California has published a few brochures recently on the topic of medical spas... they are not supportive of these places... I am in agreement with their concerns. That said, winning a medical malpractice case against one of these cosmetic butcher shops is not as easy as one would expect. Juries are not always sympathetic toward cosmetic procedure seekers and there are difficulties with obtaining medical experts to opine about standard of care issues as the real experts will opine that the medical standard of care is not possible to attain in the backroom or a beauty spa. The defense then challenges the plaintiff's expert by asking how many hours he or she has worked in a medical spa, and how many times he has done procedures with PlaySkool level medical devices. The expert then answers none and zero and tries to add that he or she would never deign so low as to work in such an establishment.
That said, some attorneys will attack these "medical professionals" with suits based on advertising law violations, general negligence, breach of contract, and other causes of action so as to avoid the expensive medical negligence aspect.
My office? Well, we are not at all fans of taking on these cases. I just hold strong opinions on the subject, or so I've been told.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
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** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
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.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * 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... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
The spa and overseeing doctor are ultimately responsible. You can contact the doctor directly and he/she may be interested in a resolution. Use attorney to complete any settlement
Employment / Labor Attorney
Not only can you sue the MedSpa, RN, and others responsible for professional negligence for your personal injuries and breach of contract, you have a cause of action for battery (based on the facts you have provided) because the contact was not consented to.
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You need and attorney and an expert who is willing to say that the RN's treatment of you was below the standard of care and caused your scarring. I do not think you will get far handling this type of claim on your own, without a lawyer. You do not have to go back to the MedSpa for correction. I wouldn't.