Botox: Who is Liable When Things Go Wrong?

Cosmetic medical procedures are becoming more and more common. So common, in fact, that we forget they’re actually medical procedures, with consequences when things go wrong. The same can be said for Botox, a procedure that, while widely used, and generally safe, can cause serious problems when there are errors.

Who Can Give Botox Injections?

Believe it or not, a lot of professionals can legally provide Botox injections that you may not think should be giving them—even nurses and dentists. That doesn’t mean that they all should provide Botox, and many medical professionals proceed to provide Botox when they legally should not be doing so.

All professionals doing the injections do need to undergo training before administering Botox, but it is only an 8 hour course.

Botox must be performed in a licensed facility, but can sometimes be performed in a properly licensed office.

Negligence or Malpractice?

When things go wrong because of Botox, the case may either be one for general, ordinary negligence, or for medical malpractice, depending on how the injury occurred.

If it occurred during the administration of the procedure, or any part of the procedure which calls for a minimum amount of medical skill, the provider may be liable for medical malpractice. Many providers, either purposely or by accident, may fail to take a proper medical history from you, and thus, may not be aware that something in your background or medical history, doesn’t make you a candidate for Botox.

On the other hand, if the facility did something wrong that was non-medical—say, perhaps, not sterilizing equipment—the claim may be for negligence. Additionally, when non-medical personnel provide Botox, such as aestheticians at unlicensed spas, the claim would be one for negligence.

Injuries and Damages

In Botox cases, there is also the possibility of contamination, which may make the Botox poisonous—in fact, Botox is actually a toxin. This can lead to products liability claims, especially when the contaminants spread to other areas of the body from the injection site.

When things go wrong, victims can suffer in a  number of ways. Botox is injected into the muscles of the face, and so when done improperly, this can lead to drooping facial features, or weakened fascial muscles that can lead to disfiguration. In more serious cases, the patient may even have respiratory and breathing problems or even loss of bladder control.

If equipment is not properly maintained, infection can result, as can bruising and swelling (which is normal for a short period, but in some cases, can get progressively worse and be permanent).

The skin itself can also change color, often due to blood flow in the area being impacted by the injections.

Botox injuries are more common than you think; so much so, that specific insurance for Botox is being offered to medical providers, to shield them from malpractice claims. Have you been a victim of a Botox injury or botched Botox procedure? Call our Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 to see how we can help you.

Source:

heffins.com/surging-demand-for-procedures-leads-to-botox-malpractice-liability-risks/