Med Spa Lawsuits: Trends and What to Avoid

Med spas have surged in popularity in recent years, attracting clients eager for the latest cosmetic and minimally invasive treatments. However, this rapid growth has also brought about more lawsuits for med spas. Med spas now face a wide range of potential lawsuits that can threaten their reputation and financial stability. Understanding the most common legal challenges and knowing how to avoid them is essential for anyone operating or involved in the med spa industry. Here is what to know about the legal issues your med spa could face and how to avoid them.

Top Reasons for Lawsuits Against Med Spas

Understanding the most common reasons med spas get sued is essential for practitioners who want to safeguard their businesses and reputations. Below are some of the top legal issues that frequently lead to lawsuits in the med spa industry.

Medical Malpractice and Negligence

Patient injuries resulting from cosmetic procedures can lead to medical malpractice and negligence suits. Burns, scarring, and skin discoloration can occur when lasers or chemical peels are used improperly or on unsuitable skin types. In some cases, providers may fail to adjust equipment settings based on a client’s skin tone or sensitivity, resulting in pain or possible disfiguration. Improper injection techniques, particularly with dermal fillers or neurotoxins like Botox, can also cause serious complications in patients such as nerve damage, vascular occlusion, or facial asymmetry. Additionally, failing to properly screen clients for contraindications, such as underlying medical conditions, medications, or allergies, can increase the likelihood of negative outcomes.

Not Getting Consent for Treatment

True, informed consent means that the patient fully understands the nature of the procedure, the risks involved, any reasonable alternatives, and who will be performing the treatment. Some med spas, however, fall short in this area, which can lead to them facing serious legal consequences. One common issue that med spas experience is failing to clearly explain the risks or possible complications of a procedure. This leaves patients unprepared for adverse outcomes. Others rely on consent forms that are overly broad, vague, or written in confusing language. This can make the consent forms legally ineffective.

Another problem is not disclosing that the procedure will be performed by someone other than a physician, such as a nurse or medical assistant. This information is material to a patient’s decision-making. In some cases, the consent process is rushed or skipped altogether, especially when med spas are busy or dealing with walk-in clients.

Noncompliance with HIPAA

Most med spas are considered covered entities under the Health Insurance Portability and Accountability Act (HIPAA). This is because many med spas collect and store patient health information electronically. Under HIPAA, med spas are legally required to protect patients’ protected health information (PHI). This includes any data related to a client’s medical history, treatment plans, diagnoses, or payment information. As med spas increasingly rely on digital systems for scheduling, intake forms, electronic health records, and marketing, they will face growing risks related to cybersecurity and privacy compliance.

Misleading and Deceptive Advertising

Claims that overpromise treatment results, minimize potential risks, or rely on edited before-and-after photos without proper disclosure can quickly cross the line into deceptive advertising and violate state consumer protection laws. When med spas imply guaranteed outcomes or downplay the possibility of complications, clients may be misled into undergoing procedures they do not fully understand. Likewise, using stock images, fake reviews, or testimonials that do not reflect the actual experiences of real patients can be considered false or misleading.

How To Avoid Lawsuits

While med spas face a variety of legal risks, many lawsuits can be avoided with the right precautions. The following best practices offer a proactive approach to protecting your med spa business:

Review Procedures and Process

Conduct thorough patient consultations and medical history reviews before performing any procedure
Ensure that products and equipment are properly maintained and calibrated
Create and follow strict protocols for screening contraindications, including allergies, medications, and medical conditions
Document every step of the patient evaluation and treatment process in detail
Provide clear post-treatment instructions and ensure patients understand follow-up care

Create A Robust Informed Consent Process

This should include:

Written forms tailored to each procedure
Clear explanation of risks and who will perform the service
Ample time for questions
Documentation of treatment in the client file

Ensure Compliance With HIPAA

Use HIPAA-compliant electronic health record (EHR) and scheduling systems to store and manage patient data
Train all staff members regularly on HIPAA rules, especially regarding patient privacy and data handling
Implement strong cybersecurity measures, including encryption, firewalls, secure passwords, and access controls
Create and maintain a written HIPAA privacy policy
Perform regular audits to identify and address potential vulnerabilities in data security and privacy practices

Be Honest About Patient Outcomes

Avoid language that guarantees results or suggests that procedures are completely risk-free
Clearly disclose risks, limitations, and variability in treatment outcomes in all promotional materials
Include disclaimers where appropriate, especially for results that may vary from person to person
Refrain from using stock images or misleading visuals that could misrepresent services or outcomes
Only use real, unaltered before-and-after photos of your actual patients, with proper written consent

Contact An Experienced Med Spa Attorney

While running a med spa can be lucrative, it can be legally risky. This area is exciting, but the legal landscape surrounding it is complex and constantly evolving. An experienced med spa attorney can help you proactively identify vulnerabilities, ensure regulatory compliance, and put safeguards in place to reduce the likelihood of a lawsuit. Whether you are launching a new practice or looking to strengthen the legal foundation of an existing one, sound legal guidance is essential. An experienced med spa attorney who understands the distinctive challenges faced by med spa practitioners and can help you to protect your business every step of the way.