Home Beauty Shortcuts Can Lead to Serious Injuries

 In Law Planet

 

A topic that has been in the lime light lately includes the theme that individuals are literally dying to be beautiful. And that is exactly what is happening; people are becoming ill because they are trying to become beautiful. Recently, we saw a news story of a young lady who injected herself, or had someone inject her, with some fillers in her behind to develop a larger behind. Unfortunately she became extremely ill as a result of what she was injected with.

These cases really have two components.

  1. Typically the person doing the injections is not a licensed physician, and God knows what they are injecting in you. That in and of itself can carry some very serious criminal ramifications for the doctor, or the person posing as a doctor, doing these injections. Florida does have a law against practicing medicine without a license, and it carries some pretty steep penalties. Obviously those laws are in place to protect consumers from individuals who have no right practicing medicine and really have no idea what they’re doing practicing medicine. Now civilly it has quite a bit of ramifications on the victims being injected, so this crime really is a battery.  Most of the times the individual being injected has no idea that the person injecting them is not a licensed physician. So, while they have consented to being injected by a physician, they have not consented to being injected by someone who is not a licensed physician. So that converts the act of being injected by someone into a battery because it is an unconsented touch. As stated earlier, you are consenting to a doctor, but the person who is touching you is not a doctor.  So, the consent has been exceeded, and essentially it turns into battery.
  2. There is still quite a bit of negligence that can be attributed to the person who actually underwent the injections. Most of the time these injections are going on in individuals’ homes. Someone will come to your house, and they will inject you with God knows what. So I say to you as the consumer, the victim, “Why didn’t you inquire further? Why didn’t you look into it and ask this person for credentials?  Why didn’t you ask ‘Who are you? What are you injecting me with?’ Why didn’t you protect yourself?”

So, as a result, you may have a case against the individual who did the illegal injections in you and caused you all this harm, but you also have some negligence on yourself simply because you didn’t take the extra steps to really make sure the person doing the injections was qualified or even licensed to do them.  

Do I have a personal injury claim if I’ve been hurt by injections?

Now in terms of a personal injury case, having these injections performed in your home could really affect your recovery on these cases because Florida will break the case down in percentages based on how much you are at fault, yourself. For example, if a case goes to jury in which you were injected by something and it was illegally performed, the jury may find that 60% of the liability is attributed to this “pseudo doctor” or person illegally doing these injections. However, 40% of the liability rests on the victim. The jury is going to ponder, “Why didn’t this victim go the extra mile to determine if what they were being injected with was the real product?  Why didn’t the victim question, “Who is this person injecting me, and why are we doing this in my house?”  So, as a result in this example, the jury may come back and say, “We’re going to award you with $100,000 for  your injuries and your damages as a result of these injections.”  The judge would then take off 40% of that because 40% of the fault is yours and not the doctors.  So due to your own negligence, you would only recover $60,000 from the $100,000 award.  

What to look for if you’re considering undergoing these types of injections

To the individuals who are considering undergoing some of these types of injections, my recommendation would be to simply search the Internet to find out if your physician is licensed to practice medicine in the state of Florida.  Florida actually has a license verification system, where you can go in, type in the name of the person you are going to allow to perform this procedure and you can actually check up on this person’s qualifications and whether they are licensed.  

What to do if you’ve been a victim of this type of crime

To individuals that have already been a victim of this kind of crime my recommendation would be to go ahead and contact the Florida Department of Health. They’ve had lots of success prosecuting these types of crimes. In addition, I would contact a reputable personal injury attorney to discuss the civil aspect and your recovery in these types of cases.

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