Burn scars on face after mole removal?

by Luis
(Santa Monica, CA)

While I was getting a facial (which took about an hour) I wanted the tech to test a spot on my skin to remove a small cherry mole. She pulled out the machine to burn off the mole, and said over and over that it would not leave a scar. She said it would heal in just a few days as good as new.

Then she kept asking, "let me burn of all the rest of these small marks." I said no a couple of times because I wanted to see how it would heal. She finally said that she would not charge extra for the other spots, so I caved in and said go for it.

It's now 3 weeks later and I have very obvious burns all over my forehead and nose. They are not healing at all. I called the number asking about the healing and the machine they use. I spoke with a different woman but she said the exact same thing. She does not know what type of laser they are using and also claims that it heals very fast leaving no marks (3-5 days). This is NOT accurate at all, and now I don't know if the scars will ever heal.

Do I have a case? What can I do about this? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Burn scars on face after mole removal?":

Luis (Santa Monica, CA):

From the facts you present, you appear to have a viable personal injury claim against the salon owner. Salon owners, like other business owners, have a legal duty of care to do everything within reason to make sure their patrons are safe from undue harm and injury. This is applies to harm caused by employees, whether intentional or not.

In this case, whether or not you acquiesced to the employee's request to remove other spots does not matter. You had a right to believe the treatment would result in the removal of unwanted spots and that any burn marks would be gone in a matter of 3-5 days. This is especially true because the salon owner reaffirmed what the salon technician told you.

If the employee permanently scarred you, the salon owner has breached his or her legal duty of care to you. That breach is also referred to as "negligence." Learn more about the concept of negligence in personal injury claims here.

As a result, the salon owner should be liable for your medical bills (including dermatological treatment), your out-of-pocket costs, your lost wages during the time you are treating and recovering, and for your pain and suffering.

Your injuries appear to be quite serious. Before moving ahead, seek medical treatment. Concurrently, seek the counsel of a personal injury attorney. You can be confident the salon owner will not admit to having permanently scarred you. The longer you wait before seeking legal advice, the greater the chance the salon owner will say your injuries occurred subsequent to your treatment at the salon.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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