Q: Can I sue for negligence for dermal filler issues and refund refusal?

A: I'm sorry for your ordeal. From a textbook standpoint, it looks like you suffered damages. From a practical standpoint, that could be a different matter. The scope of actual damages (not potential damages - and I'm glad you are okay, despite the risk you describe) might make law firms reluctant to consider such a matter. But that's only my quick 5-minute assessment. Different attorneys could see the same matter differently. You could reach out to attorneys to discuss - that would be the most reliable way to answer your question. Good luck

A: I’m sorry to hear about the difficulties you're facing with your dermal filler procedure. In New York, you may have grounds for a negligence or medical malpractice claim, depending on the circumstances surrounding the procedure and the resulting complications.

To pursue a negligence claim, you must prove that the med spa or the nurse who performed the procedure failed to meet the standard of care expected in the field, and that this failure caused you harm. In this case, the failure to inform you of the risks, such as the potential for blindness, could be considered a breach of the standard of care. If the nurse did not provide adequate information about the risks involved in the dermal filler procedure, especially a serious risk like blindness, you may have a valid claim for lack of informed consent. The law requires medical professionals to disclose the risks of any procedure, especially those that could result in serious complications.

In addition to the lack of informed consent, the issues with the filler migrating and causing wrinkles could also be grounds for a negligence claim, particularly if the procedure was performed improperly or the filler was injected inappropriately. The fact that you had to undergo corrective procedures from a plastic surgeon and incurred additional costs is an important factor that could support your claim for damages.

As for the refund refusal, if the med spa initially offered a refund but later refused to honor that offer, this could be relevant to your claim. However, offering a refund does not necessarily absolve them from liability for negligence, especially if the procedure itself caused harm or if there were complications that weren’t adequately addressed by the spa.

Regarding your concern about the lack of memory regarding consent forms, it’s possible that the absence of clear recollection of what you signed may be an issue. However, the key factor here would be whether the med spa followed proper procedures for informed consent, including fully explaining the risks involved. Even if you don’t remember signing the consent form, you may still be able to challenge the adequacy of the informed consent process, particularly if you weren’t adequately warned about the risks of blindness and other potential complications.

To strengthen your case, you should gather all documentation related to the procedure, including the receipts for the corrective surgery and any records from the med spa that describe the risks you were informed about. It would also be helpful to consult with a medical malpractice attorney who can assist in reviewing your case, including the standard of care for dermal filler procedures and whether negligence occurred.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.