Chicago Accident Lawyer Blog

Under the Barber, Cosmetology, Esthetics and Nail Technology Act of 1985, 225 ILCS 410/1 et seq., licensed cosmetologists “are prohibited from using any technique, product, or practice intended to affect the living layers of the skin.” 225 ILCS 410/3-1. Removal of unwanted hair involves affecting the dermis, which is a living layer of the skin.

The Act states that the “term cosmetology includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin.”

Only persons who are qualified and under the supervision of a medical doctor may perform laser hair removal. A physician may “delegate the performance of non-ablative procedures to a licensed practical nurse, a registered professional nurse, or other persons” with on site supervision by the physician or by telephone or other electronic means. 68 Ill. Adm.Code § 1285.336(b)(3)(B). Before the physician delegates the use of laser, “[t]he physician must examine the patient and determine a course of treatment appropriate to the patient prior to any ablative or non-ablative procedures.” 68 Ill. Adm.Code § 1285.336(b)(3). The person delegated the authority to perform any laser procedures “must have received appropriate, documented training and education in the safe and effective use of each system utilized.” 68 Ill. Adm.Code § 1285.336(b)(4)

If you are contemplating laser hair removal procedure, investigate the spa and the technician who will perform the procedure. Remember that having a license in Cosmetology or Esthetics does not render a person qualified to perform laser hair removal on you.

If you have been injured during laser hair removal performed by an unqualified person, contact us to discuss your legal options.

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Posted In: Burn Injury , Laser Burns

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Numerous spas have cropped up in Chicago and the suburbs, which advertise laser hair removal services. Some of these spas call themselves "medical spas" and declare that they use FDA approved lasers, and that therefore the laser hair removal performed at the spa is safe, guaranteed, and FDA endorsed. They claim that their hair removal service is "non invasive" and specifically designed to safely remove hair.

However, these claims are misleading for several reasons.

First, hair removal is invasive as the hair root is located within the dermis, which is a living layer of the skin.

Second, the FDA does not guarantee safe laser removal. The FDA considers all laser hair removal devices as medical devices. The agency regulates their manufacture, labeling, and servicing.

Third, Illinois considers the use of lasers as a "practice of medicine, which shall only be performed by a physician licensed to practice medicine.” 68 Ill. Adm.Code § 1285.336(b)(2).

The notice of proposed amendment to the regulations acknowledges the misuse of lasers by unqualified persons: "Lasers are frequently used in “medical spas” to remove hair, birthmarks or previously applied tattoos. The misuse of laser equipment by inadequately educated or trained individuals without adequate physician supervision can result in permanent scarring, long-term pain or even misdiagnosed cancers. This proposed amendment clarifies existing law and the longstanding position of the Department and the Medical Disciplinary Board that laser equipment, which affects living layers of skin, is a medical device and must only be used with direct supervision by a physician." 32 Ill. Reg. Sec. 4127 (Mar 21, 2008).

Lasers can cause serious burns, scars, infections, and discolorations. It is not uncommon for victims of unqualified technicians to end up in the burn unit of a hospital with blisters and lasting disfigurement.

Before going for a hair removal procedure, make sure that the technician who will work on your skin is qualified and works under the supervision of a medical doctor. Before subjecting yourself to laser hair removal procedure, a physician must examine you to ensure that you are an appropriate candidate. Many factors can affect how your body will react to a laser light, including certain medications, prior sun exposure, medical conditions. The laser technician must perform a patch test on a small area of your body prior to hair removal. The technician must have sufficient training and must have a medical education. Don't forget that laser hair removal affects the living layers of your skin. It is invasive, dangerous, and harmful if performed by unqualified person. Instead of losing your hair, you may lose your skin.

If you have been burned by a hair removal procedure contact us to explore your options.

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Posted In: Burn Injury , Laser Burns

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There is growing concern nationwide over laser treatments being performed at medical spas, also known as medispas. Laser hair removal procedures are being done by individuals who may not have any medical expertise and may not be properly trained in the use of lasers. Several people have suffered burns and scarring as a result of laser treatments that were not safely performed.

A survey of members of the American Society for Dermatologic Surgery done in 2003 showed a 41% increase from 2001 in the number of patients seeking medical help for skin treatments that were improperly performed by nondoctor technicians.

Procedures that effect the structure or function of the skin, such as laser hair removal, qualify as medical procedures as defined by most state medical boards. This means that the procedure must be performed by a doctor or supervised by a doctor. States have different rules about what constitutes supervision, and in many states a doctor may only be at a spa periodically. If a problem should occur during treatment, a doctor may not be there to help.

Before you have any laser treatment done at a medispa, it is in your best interest to find out if a doctor is at the spa when the procedure takes place. Consumers should also have a consult with a doctor before any laser treatment. Also, do some checking up on the spa you intend to have your laser treatment done at. Find out the qualifications of the individual who will be doing the treatment. Improperly performed laser treatment can cause serious burns. If you are considering this procedure, make sure the people who will be involved in your treatment know what they are doing.

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Posted In: Burn Injury

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A train that derailed and then exploded due to its ethanol contents is the cause of numerous lawsuits in Rockford, Illinois. It happened on June 19, 2009 and has led to numerous lawsuits of different claims. The most obvious claim is the one that extends from death and injury due to burn injuries sustained in the accident. But there are other claims that say the train company is liable because it put people in the danger zone of possibly being hurt or killed. There are also several claims from people who witnessed the accident for emotional trauma. While no one has yet to file a claim against the sheriff's department there has been news and blogger speculation that there should be.

Apparently there were numerous 911 calls made to the Sheriff's department about a section of washed out track. It was then reported to the railway company but they chose not to close the track and the Sheriff's department did not act further on the issue. People stopped in their cars as the train passed said they knew something was wrong as the train cars were seen as "bouncing" along the track. Finally one completely derailed and landed in front of a stopped van. The contents of the car spilled and lit on fire killing one passenger in the van and severely injuring two others. Their injuries were from burns. The woman who died got out of the van and was engulfed in flames. Other stopped cars tried to get away and many watched in horror as the woman on fire burned to death before their eyes.

The family of van passengers have filed suit for the death of their mother and for their other injuries which included the loss of one woman's baby only five months along. It is surmised that these burn injuries will be covered by the train company in a settlement.

Others, though, have filed suit for emotional damages for having been exposed to such danger that could have seriously killed or injured them. That and they say that the horror of watching one women die right before them leaves emotional injuries that last a long time and will need ongoing treatment. One man who has filed suit has already been diagnosed with Post Traumatic Stress Disorder.

Continue reading "Burn Injury Lawsuits in Rockford, Illinois" »

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Posted In: Burn Injury

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