Botox Injection Injuries: Not Exactly Pretty

14 Botulism Cases Allegedly Linked To Milton Botox Spa

As many people know, Botox injections are very popular these days, sought by many for cosmetic reasons to flatten wrinkles, smooth the skin and in general provide a more youthful facial appearance. Botox does this by temporarily paralyzing certain muscles that contract to form lines and wrinkles in the skin.  It’s also used, non-cosmetically, to treat migraine headaches.  Usually, injecting Botox is a safe procedure, but for obvious safety reasons, by law these injections must be provided only by licensed health care professionals.

The importance of proper training and licensing is underscored by a recent development at a med spa in Milton, where 14 cases of botulism have reportedly been traced so far to a spa called Rodrigo Beauty, on Granite Avenue. The Massachusetts Department of Public Health (DPH) has reported that the cases are tied to cosmetic botulinum toxin, also known as Botox. The reported cases are suspected to be known as “iatrogenic botulism,” which is a rare but serious illness that could be life-threatening, according to health officials.  Iatrogenic botulism can result if an excessive amount of botulinum toxin is injected.

What Laws Govern Botox Injections in Massachusetts? 

Professional services involving Botox are governed by Massachusetts General Laws Chapter 111, section 51.

Who Is Allowed to Provide Botox Injections In Massachusetts?

Licensed medical professionals, including doctors, dentists, physician assistants, nurse practitioners, and registered nurses, can administer Botox in Massachusetts.  Under the Massachusetts Division of Professional Licensure, there are separate boards that govern different types of professionals (such as those listed immediately above,) and these professionals must be licensed by the relevant board that governs them within the Division of Professional Licensure.

What Is The Required Training To Inject Botox?

Medical professionals are required to complete a minimum of eight hours of training in the administration of botulinum toxin, including training in anatomy, neurophysiology, patient selection, and management of complications.

What Type of Facility Setting Is Required for Botox Injections?

Botox injections are considered medical procedures in Massachusetts, and have to be performed in a licensed medical spa, or an exempt private office practice, or a hospital/clinic licensed under M.G.L. Chapter 111, section 51.

Are There Special Laws That Govern Medical Spas in Massachusetts?

Medical spas in this state are licensed by the Massachusetts Department of Public Health and must meet specific requirements outlined in 105 CMR 140.00.

What Type of Legal Damages Would I Be Entitled To, If I have Been Injured After Receiving Botox Injections?

Typically, compensation includes damages for pain and suffering, lost wages, and any temporary or permanent physical, medical, and emotional damages.

Who Pays For The Damages?

In almost all cases, the facility will carry a commercial policy of liability insurance, which pays for the damages.

People that have been negatively impacted by these events should seek out an experienced Boston medical malpractice or medical injury attorney, as these types of cases present an intricate interplay of law and liability insurance.  Not every law firm will know how to handle these cases