Last July, a Texas woman received an intravenous (IV) infusion at a local medical spa. Soon thereafter, she experienced tightness in her chest, trouble breathing, and she passed out. After being taken to a hospital, she almost immediately died of cardiac arrest, despite CPR efforts. The autopsy did not find that the IV therapy caused her death, though the solution administered is not typical in a medical spa setting and was administered by a nonmedically licensed medical spa staff member with no physician present at the establishment. No criminal liability was assessed, though the state medical board suspended the medical director’s license.

This tragedy was an extreme example of the range of risks in an industry that is currently riding a huge wave of enthusiasm for health, wellness, and extended youthfulness. With services spanning from massages and facials to IV hydration and fat-burning injections, medical spas have become a $15 billion industry. 

MEDICAL SPA GROWTH

Between rapid growth and spotty oversight of a business mainly regulated at the state level, the risks are inherent. New and continuing medical spa operators should be aware of them and make risk management a top priority, especially in the face of intensifying scrutiny. 

The United States Food and Drug Administration (FDA), for example, has warned against medical spas using unlicensed, nonmedical staff for treatments and about some treatment practices themselves, such as mixing products without sterilization and using unapproved fat-dissolving ingredients. 

Given this environment, the right insurance broker with extensive expertise in the medical spa and similar businesses will be invaluable. This is the kind of assistance that will help business owners identify and manage new and emerging risks, and design optimal insurance coverage against exposures. That should be a top priority in a time of nuclear verdicts.