How to Navigate Medical Malpractice Claims with Med Spas

Medical malpractice claims are a major concern for any healthcare provider. They can result in high costs, lengthy legal processes, and potential issues for providers with the medical board. Medical malpractice suits are more complex when med spas are involved because of the unique, hybrid nature of med spas. Med spas blend medical procedures with spa-like treatments. Thus, defending against medical malpractice suits when they are filed against med spas requires a healthcare lawyer with an understanding of med spas and the principles of medical malpractice law. Here is what to expect if your med spa faces a medical malpractice suit. 

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional’s negligence causes harm to a patient. It involves a breach of the standard of care, resulting in injury or damage. To succeed in a claim, patients must prove that the negligence directly caused them harm and that they suffered damages as a result. The following elements generally need to be established:

1. Duty of Care: The medical professional owed a duty of care to the patient.
2. Breach of Duty: The professional breached that duty by failing to meet the standard of care.
3. Causation: The breach directly caused the patient’s injury.
4. Damages: The patient suffered damages as a result of the breach.

Breach of Duty 

Showing that there was a breach of duty in a med spa requires determining whether the medical professionals adhered to the accepted standard of care for the procedures they performed. Here are some of the things that will be considered:

• Training and Qualifications: Professionals must have the necessary training and credentials for the procedures they perform.
• Procedural Standards: Each treatment has established protocols that must be followed to minimize risks and ensure patient safety.
• Informed Consent: Patients must be adequately informed about the risks, benefits, and alternatives of the procedures they undergo.

Causation

Proving causation in med spa malpractice claims can be complex. The patient must show that the harm they experienced was directly caused by the professional’s breach of duty. This involves considering:

Medical Records

An attorney will review the patient’s medical history and treatment records to establish what happened.

Expert Testimony

The attorney will also consult with medical experts to determine if the care provided deviated from accepted practices and how this deviation led to the injury.

How Does Medical Malpractice Happen at a Med Spa?

An example of medical malpractice at a med spa is when a patient visits a med spa for Botox injections to reduce the appearance of wrinkles. The procedure is performed by a nurse practitioner, who is authorized to administer Botox under the supervision of a licensed physician. During the procedure, however, the nurse practitioner injects Botox into the wrong facial muscles due to a misunderstanding of the injection sites. The patient experiences unexpected side effects, including drooping eyelids, uneven facial expressions, and difficulty closing their eyes.

• Breach of Duty: In this case, the nurse practitioner failed to follow the standard protocols for Botox injections, which included accurate knowledge of anatomical landmarks and proper injection techniques. This failure constitutes a breach of the duty of care owed to the patient.

• Causation: The adverse effects that the patient experienced are directly linked to the incorrect administration of Botox. An expert in cosmetic procedures would testify that the symptoms were caused by the nurse practitioner’s error.

• Damages: The patient will incur additional medical costs to correct the mistakes, including visits to another specialist to manage the complications. They also could experience emotional distress due to the changes in their appearance and the impact on their self-esteem.

What Challenges Can Med Spa Malpractice Claims Pose?

• Blended Roles: The involvement of various professionals with different levels of responsibility can complicate the determination of who is liable.
• Complex Procedures: Med spa treatments often involve sophisticated procedures that require expert evaluation to determine if standards were met.
• Legal Distinctions: Some procedures may blur the line between medical and cosmetic treatments, affecting how the claim is evaluated.

What Are Some Ways I Can Defend My Med Spa Against Medical Malpractice Claims?

• Present evidence that all practitioners were properly trained, certified, and supervised. Demonstrate that the medical professionals performing procedures were qualified and followed industry best practices.
• Show that the spa had established, documented protocols for all procedures and that these protocols were strictly followed. This includes having proper informed consent forms, detailed procedure documentation, and patient records.
• Demonstrate that the patient gave informed consent about the risks and benefits of the procedure. If the patient signed an informed consent form, it may help demonstrate that they were aware of potential complications and accepted the risks.
• Provide evidence of compliance with all relevant medical and regulatory standards. This might include proving that the med spa followed local, state, and federal guidelines for medical and cosmetic procedures.
• Utilize medical experts to testify that the care provided was appropriate and that the alleged injuries were not a direct result of any negligence. Experts can provide testimony about the standard of care and refute claims that the treatment deviated from this standard.

Tips for Avoiding Medical Malpractice Claims in Your Med Spa

Just as with physical health, prevention is paramount in avoiding medical malpractice claims. These measures can reduce the risk of malpractice claims:

• Properly train your people. Ensure that all staff are adequately trained and certified for the procedures they perform and the roles they hold.
• Always get informed consent. Obtain thorough informed consent from patients, clearly outlining potential risks and benefits.
• Adhere to medical standards. Implement robust quality control and oversight mechanisms.

Hire an Experienced Med Spa Attorney

Hiring a medical malpractice attorney specializing in med spas is crucial for navigating complex medical malpractice claims. They can also help you put procedures in place to avoid medical malpractice. Contact an experienced med spa attorney today.

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