Scars from lamprobe...

by Paula
(Denton TX)

I went in for a facial and had a lamprobe session on my face and chest. I was told this would be a 3-7 day healing process. After I left I had marks on my face and chest. Over the next few days scabs and red marks began to develop.

I phoned the spa to talk to the person who did this treatment to see if this was normal. I never heard back. I called again and they gave me some information as to it could take a few days etc.

Finally I received a text from the esthetician and she asked for pictures. I sent them. At this time I looked like I had chicken pox or shingles. She stated this was normal and to give it time.

Well it has been 3 months and now I have white scars, more spider veins and damage to my face and chest. I went in for a plain facial and they looked at me under the lights and said, "You need to go to a Plastic surgeon or a dermatologist ASAP," and they would not touch me.

I have an appointment with a plastic surgeon tomorrow to get his opinion. What are my rights here? Can I sue the original salon or esthetician for what they did to me, and for the cost of plastic surgery? Thank you for any information you can give.

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 "Scars from lamprobe...":

Paula (Denton TX):

Immediately seek medical care. Your health is much more important than a claim against the facial salon for your injuries. After seeing a dermatologist, if you are informed you suffered permanent scarring directly resulting from the treatment at the facial salon, you will have the basis of a viable personal injury claim against the salon.

Be sure to have someone take multiple photos and video of your injuries. Do this now. Hold on to the receipt for the costs of service from the facial salon for the service you received on the date of injury.

While there is an imperative to seek immediate medical care, the same is not true for filing an injury claim with the facial salon. Texas law prescribes a two (2) year statute of limitations period for personal injuries. This means you have up to two years from the date of injury to either settle your claim or file a lawsuit.

After the two year period, if your case is not settled or a lawsuit filed, you will lose your legal right to pursue compensation against the salon or its insurance company.

If a lawsuit is filed within the two year statutory period, the statute of limitations is "tolled." This means regardless of whether it takes a month, a year, or longer to resolve your claim, the statute of limitations will never expire.

Read the Texas statute of limitations for personal injuries here:
Texas Revised Statutes Section 16.003

In the event you have suffered permanent scarring, you would be well-advised to seek the advice and counsel of an experienced personal injury attorney in your area.

You can be confident without an attorney the facial salon and its insurance company will either not cooperate, or if they do, any amount of compensation offered will be substantially less than you deserve.

Moreover, attorneys have a variety of legal tools to advance their clients' personal injury cases. This involves taking depositions of employees and owners, reviewing the salon's books, tracking down other clients who may have been injured, and much more. These are all tasks you could not accomplish on your own.

Most personal injury attorneys will not charge for an initial office consultation. You may not have to sue anyone. In most cases, businesses catering to the public are insured against customer claims of injury.

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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