A New Yorker is suing a spa for "disabling injuries during a procedure to augment her unflattering buttocks" (NY Daily News). Tania Solis is suing for medical malpractice. Her New York personal injury lawyer is saying that the Bell Stetika Spa lacked "skill and competence."
If they are gong to take the spa to court for medical malpractice, they will need to prove negligence or that the spa was at fault for her "injuries."
This case will depend on what exactly her injuries are. In the news article, she describes them as "disabling injuries," but she does not elaborate any further.
The injury itself is important because in order to prove negligence or fault, you have to know what the injury is and how it could have been caused.
In some medical malpractice cases, the plaintiff can use the "res ipsa loquitur" doctrine that translates to "the thing speaks for itself." If the victim is able to show that a result or injury occurred and the only way for it to have occurred is if the person made a mistake or was negligent, then the plaintiff has enough evidence (FindLaw). As it says, the evidence speaks for itself.
After this is invoked, the defendant has to come up with the evidence that proves their innocence.
Another way that Solis' New York personal injury lawyer might win is if she was promised a result and did not get it. If she was guaranteed a perfect buttocks and they did not deliver (though it is highly unlikely that any place would promise that), then it would fall under breach of contract or warranty.
She could also win if they withheld some information. For example, if she was not told that there was a one in a million chance that the treatment would make her bottom fall off, then she would win that case due to informed consent. A medical provider is required to tell the patient all of the good and the bad news before she signs the consent form.
Solis' biggest obstacle is proving that the spa is at fault; since they only give massages and nutritional guidance (no invasive procedures), it will be difficult to prove that a message or skin cream advice left her with a "disabling injury."
Does a spa or a health center have the same rules as a medical center? You can contact a New York personal injury lawyer if you have any questions about medical malpractice or would like an update on this case.
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