Legal Question in Personal Injury in Virginia

Laser treatment removed eyebrows- cause of action?

I received a number of laser skin resurfacing treatments over 2 months this past summer. During the treatment my eyebrows were lasered off. I didn't notice until my face had completely healed. Do I have a cause of action against the med spa? How do I file it? Is it personal injury or medical malpractice?


Asked on 1/05/09, 2:56 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Laser treatment removed eyebrows- cause of action?

First, be aware that you have only 2 years in which to file a lawsuit. That sounds like a long time, but if you take your case to a lawyer within the last 6 months, most laywers will refuse to talk to you. There is not enough time left for them to investigate the case and get everything together, along with all their other workload, and feel safe that they will not miss the statute of limiations. It is safer for them not to touch the case then to miss a statute of limitations deadline.

You raise an interesting question because there is a fine line between personal injury and medical malpractice. But because you submitted yourself to medical treatment with consent, and then the treatment was botched, you would sue under malpractice. This was not a result of an accident.

Now, I don't do medical malpractice cases, so I don't know them well. But I think you may also have some even earlier deadlines and hoops you have to jump through for a "med mal" case.

For such cases, there are MANY lawyers who would take your case on a contingency fee basis. That is, instead of paying for an attorney by the hour, you pay NOTHING for the attorneys' work but the attorney taks 30 - 40% of the total winnings (IF ANY). If you don't win anything, you pay nothing (for the attorneys' work).

However, you must also pay for out of pocket expenses like court filing fees, court reporter fees, maybe photocopies, etc. But you would have to pay those anyway... even if you handled the case yourself.

In other words, there is NO reason not to get a lawyer for this case, and LOTS of reasons why you really must get a lawyer to pursue this. Doing it yourself, you will never be able to handle issues like causation. You THINK that your eyebrows were harmed by the treatment. Or was it something else that caused it? Sounds like a dumb question, but that is the heart and center of most med. mal. cases. You SAY they caused it. They say they didn't cause your injury. How do you prove that their treatment is the reason why your eyebrows are injured? Seems obvious to you, but believe me it is a hard issue to tackle in any med. mal. case.

You will probably have to pay for an expert witness.

So "do not try this at home." See a lawyer. But DO NOT accept the first fee contract you see. Some of them are outrageous (like my former boss) on photocopy costs at 50 cents a page, etc. SHOP AROUND. There are LOTS of PI & Med mal contingency fee lawyers.

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Answered on 1/05/09, 7:44 pm
Michael McCarthy Guydon Love, LLP

Re: Laser treatment removed eyebrows- cause of action?

Please provide a few more details, as I seem to be a bit confused. Your eyebrows were lasered off and can no longer grow back, or they were lasered off and subsequently grew back?

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Answered on 1/05/09, 3:00 pm


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