Do I have a lawsuit against this business for burning me?

Question

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I had to go to urgent care, I required oral antibiotics and burn cream, and fear I may have permanent scarring. After some research I discovered any type of burn appears pretty much the fault of the practitioner, not from having sensitive skin. Also if I listened to her and did not pursue any treatment I could have very well ended up with an infection. Days later and I still can't sleep on my back. She never even checked up on me and now I have a long road to recovery. Is she liable for this?

James Clifton · Answer

The service provider has a duty to provide reasonable care when performing the service. If you were injured because the service was not provided with reasonable care, you would be entitled to compensation for your damages and injury. 
 
Schedule a free consultation to make sure your injuries are compensated appropriately.

William John Light · Answer

It sounds like you have a claim.  Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments.  If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board (acupuncture.ca.gov/consumers/file_complaint.shtml).  An attorney might take your case on a contingency fee if the injuries are serious enough.

Tim Akpinar · Answer

I'm sorry for your ordeal. The best way to answer your question would be with a consult with a law firm. Attorneys could answer more definitively after reviewing records of your injuries in further detail. Law firms that handle such cases generally offer free initial consults, and generally work on a contingency basis. Good luck

James L. Arrasmith · Answer

You may have a valid claim against the practitioner and business for negligence. Since fire cupping resulted in second-degree burns and required medical attention, it indicates that the procedure was not performed safely. If the practitioner failed to follow proper procedures, did not inform you of potential risks, or dismissed your injuries without advising treatment, that could strengthen your case. 
 
The fact that you sought medical help after the injury and were prescribed antibiotics and burn cream shows the seriousness of the situation. Permanent scarring and ongoing discomfort could lead to further damages in a potential lawsuit, including medical expenses, pain and suffering, and any long-term impact on your quality of life. 
 
It’s important to document everything, including photos of the burns, medical records, and any communication with the practitioner. Consulting with an attorney can help clarify the best course of action and what compensation you may be entitled to pursue.

Q: Do I have a lawsuit against this business for burning me?