Spa services are often considered a luxury that are designed to leave the recipient feeling relaxed and satisfied with their experience. Spa services vary greatly in terms of location, methodology, and intended effect. This can present a problem to clients who may not necessarily understand the experience or background of the particular esthetician. Moreover, the rules and regulations regarding training and education may vary greatly as well. This disparity can result in devastating effects when chemicals and certain processes are used on a person’s body.
To prevent negative reactions, clients are generally required to fill out some sort of prescreen form indicating any health concerns that should be noted or considered during the service. This paperwork is crucial to preventing unintended consequences or damaging results. If this questionnaire is not read or taken into consideration by the person performing the service, and an injury ensues because of that negligence, the injured party may commence a New Mexico personal injury lawsuit for the damages they sustained.
Court Finds Day Spa and Esthetician Responsible After Client Sustains Serious Skin Reaction
Recently, a court affirmed a lower court’s ruling that a day spa and esthetician were negligent in performing a spa service on the plaintiff. Evidently, the plaintiff and her husband visited the spa in 2013, and prior to their service, they were asked to fill out a medical questionnaire. The plaintiff noted that she had rosacea, which is a chronic skin condition. The esthetician performed the service on the plaintiff. During the service, the plaintiff felt as if her face was burned, and subsequently she experienced bruises and oozing blisters.
The plaintiff commenced a negligence action against the spa and esthetician. During testimony, the plaintiff’s treating dermatologist stated that her current condition could have been a result of the chemical peel she received at the spa. Furthermore, the esthetician testified that she failed to read the medical questionnaire prior to the service. Moreover, two other doctors also testified that the treatment permanently took away the skin’s protective barrier. The defendants also presented an expert witness who offered a contrary opinion. The defendant’s expert witness was excluded because the court found that he did not properly consider certain evidence. The defendant appealed, arguing that trial court erred in dismissing their witness and granting a directed verdict in the plaintiff’s favor.
The appeals court explained that an expert’s opinion should not be based on assumptions, which was the case here, since the expert did not rely on facts in the medical record. Furthermore, the esthetician admitted her negligence, and the defendant’s assertion that the plaintiff was also negligent lacked merit.
Have You Been Injured During a Spa Service in New Mexico?
If you or a loved one has been injured during a spa service in New Mexico, you should contact one of the dedicated attorneys at the Fine Law Firm. Estheticians and spas are in a unique position because they may perform services similar to that which a doctor may perform. However, generally, instead of a medical malpractice lawsuit, an injured party may instead be required to bring a New Mexico personal injury case against the responsible party. The attorneys at the Fine Law Firm can assist you in understanding your rights and remedies. If you are successful, you may be entitled to monetary compensation for the injuries you sustained. Contact one of the experienced attorneys at the Fine Law Firm for your free initial consultation at 505-889-FINE.
More Blog Posts:
State Recreational Use Statute Shields Stadium from Liability Because Child’s Admission Was Free, New Mexico Personal Injury Lawyer Blog, February 20, 2017.
New Mexico Circuit Court Finds Mountain Resort Waiver of Liability Valid in Negligence Lawsuit, New Mexico Personal Injury Lawyer Blog, February 5, 2018.