What Happens if a Patient Is Injured at a Texas Med Spa?

Med spas are increasingly popular in Texas for offering cosmetic and aesthetic treatments in a clinical setting. While most procedures are minimally invasive and performed safely, injuries and complications can occur. When they do, med spa owners and practitioners must understand the legal, regulatory, and practical steps involved in responding appropriately. This article seeks to explain what med spas should do when a patient is injured.

Immediate Medical Response:

If a patient is injured during or after a procedure, the med spa staff must prioritize the patient’s health and safety.

• Stabilize the patient: Provide first aid or emergency care as necessary.

• Contact emergency services: If the injury is serious (e.g., allergic reaction, infection, burns, vascular occlusion), call 911 or refer the patient to an emergency room.

• Notify the supervising physician: Even if not physically on-site, the delegating or supervising physician must be informed immediately.

Documentation Requirements:

Accurate and thorough documentation is essential for medical and legal purposes.

• Incident report: Complete an internal incident report, including time, procedure, staff involved, nature of injury, and patient complaints.

• Medical record entry: The patient’s chart must reflect the injury, any interventions, follow-up instructions, and communications.

• Photographs: In many cases, photographs of the injury may be appropriate (with consent) to document the extent of the harm.

Notification and Escalation Obligations:

There are no automatic mandatory reporting laws for minor injuries at med spas, but depending on the injury and staff credentials, escalation may be required:

• If a licensed healthcare provider is involved: A significant injury may trigger a duty to report to a licensing board (such as the Texas Medical Board or Board of Nursing), especially if due to negligence or incompetence.

• Malpractice insurers: If the spa carries professional liability or general liability insurance (and they should), the injury must be reported to the insurer under the terms of the policy.

Patient Communication and Follow-Up:

Clear and honest communication with the patient is essential.

• Explain the situation and next steps.

• Offer appropriate medical follow-up, at the spa’s expense if appropriate.

• Avoid admitting legal liability, but do not minimize or ignore the issue.

Texas law does not require a med spa to disclose the names of practitioners or admit fault unless litigation begins, but transparency often reduces the chance of a complaint or lawsuit.

Potential Legal Consequences:

A. Texas Medical Board (TMB) Complaints

If a physician or midlevel provider was involved in the procedure, the patient can file a complaint with the TMB or the appropriate licensing board. The Board may:

• open an investigation,

• request records and interview staff, and

• take disciplinary action if standards of care or supervision were violated.

B. Civil Lawsuits

Patients may pursue civil claims for:

• negligence or malpractice,

• failure to obtain informed consent, and

• improper supervision or delegation.

Plaintiffs must often produce expert reports under Texas law to move forward with medical liability claims.

C. Administrative Action

If the med spa is owned or operated in a manner that violates Texas law, such as practicing medicine without appropriate delegation, it could face:

• citations from the TMB,

• attorney General enforcement, or

• loss of licenses or facility closure

Risk Mitigation Going Forward:

After an incident, med spas should:

• conduct an internal review to identify what went wrong,

• re-train staff or revise protocols if needed,

• review delegation agreements and standing orders to ensure compliance with Texas law, and

• consult legal counsel to assess risk and prepare for possible claims

Conclusion on What Happens if a Patient Is Injured at a Texas Med Spa

Injuries at med spas can have serious consequences, both for the patient and the business. In Texas, where med spas must operate under the supervision of licensed physicians, failure to respond properly can result in regulatory and civil liability. Med spas should have clear protocols in place, carry adequate insurance, and be ready to act decisively and ethically when an adverse event occurs.

Feel free to reach out if you need more specific information or further clarification.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.

We recognize that med spas operate at the intersection of healthcare and beauty, which necessitates a multifaceted approach to representation. Our firm offers a range of services, including a flat-fee med spa formation package and an outside general counsel subscription, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.