March 22, 2013, Registered Nurse at a MedSpa burned my skin with a laser and I now have permanent scar. Can I sue?

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

Newport Beach, CA -

Attorney Answers (9)

Antoinette Cara Liewen

Antoinette Cara Liewen

Real Estate Attorney - Camarillo, CA
Answered

You should consult with a personal injury/medical malpractice attorney for advice.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
Korosh Torkzadeh

Korosh Torkzadeh

Personal Injury Lawyer - Irvine, CA
Answered

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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Armen Michael Tashjian

Armen Michael Tashjian

Medical Malpractice Attorney - Los Angeles, CA
Answered

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.

Good luck,

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

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.

Todd Nathan Hendrickson

Todd Nathan Hendrickson

Medical Malpractice Attorney - Saint Louis, MO
Answered

If malpractice the nurse was employed by clinic and it would be clinics responsibility.

This answer is provided as a public service for informational purposes only. Providing this information does not... more
Paul J Molinaro

Paul J Molinaro

Medical Malpractice Attorney - Corona, CA
Answered

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

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

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Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
Richard Andrew Harting

Richard Andrew Harting

Personal Injury Lawyer - Long Beach, CA
Answered

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

Brian Jon Kowalski

Brian Jon Kowalski

Employment / Labor Attorney - Newport Beach, CA
Answered

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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Eric Burton Strongin

Eric Burton Strongin

Personal Injury Lawyer - San Juan Capistrano, CA
Answered

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.

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