Day or Medical Spa: Facial, Nails, Pedicure or Massage
Day Spa Negligence is increasingly becoming more and more common
This increase is likely due to the sheer numbers of day spas that have opened in the past few years. From Botox to weight loss clinics, the emergence of health care and body care have merged. Most clinics now offer manicures, pedicures, teeth whitening, hair cuts, pedicures, massage, skin derma abrasion, along with Medical procedures like liposuction, laser treatments and other quasi-plastic surgery treatments. Some clinics have become popular in the Asian markets, especially the quick and cheap nail treatments. Sometimes these spas relax the requirements on sanitation that can lead to infections.
From foot baths to hand soaking, the spread of bacteria within the sinks is rapid if not sanitized after each use. Some clinics have made the news from using off-market products for nail solutions. Some of these are toxic. Our firm has handled many botched pedicure procedures that can lead to ingrown toenails and infections of the toes. Most of these bad procedures are avoidable. Infections from un- clean instruments, files and clippers can be very severe if not treated promptly. We also deal with facial issues including, but not limited to, acid burns, waxing, laser and scar removal that can have painful and ever lasting damage.
The Nevada Supreme Court today ruled in a case called Egan v. Chambers 129 Advance Opinion 25, filed April 25, 2013, that professional negligence claims such as against a podiatrist or other professional (that is not specifically mentioned under Nevada statutes as a medical provider or dental provider) that an affidavit of mal-practice need not be attached when filing a complaint for professional negligence. This case has nothing to do with the current law on medical mal-practice cases that requires all injured victims to have their case reviewed and opined on by a doctor in a similar profession who must provide an affidavit that is attached to the complaint. Plaintiffs’ attorneys have long been frustrated with the ruling in Fierle v. Perez, 125 Nev. 728 (2009), that holds that any deviation from the affidavit attachment will result in an automatic dismissal of the case, as the Court looks at those complaints as incomplete, or void in ab initio, until the complaint has part b of the requirement.
After getting real medical care, call our firm for a free consultation regarding any medi-spa or Day Spa treatment that you feel was done incorrectly. 702-382-9797