If I was badly burned during a therapy massage when the therapist used hot stones on my back, is this something worth pursuing?

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If I was badly burned during a therapy massage when the therapist used hot stones on my back, is this something worth pursuing?

The therapist used 2 hot stones that were way to hot. She first had them in hand towels. She then placed the stones on my back and I immediately yelled outthats too hot. I then asked if my back was red and she said just a little bit. She continued with the stones in a towel but I was getting uncomfortable. Then, 10-15 minutes later, the massage was over. When I was putting my bra and sweater on I felt a lot of discomfort. When it was time to pay, she never offered a reduced rate. When I got home I undressed and tried to look at my back in a full length mirror, however it was difficult to see. I had a co-worker look at it the next day and she gasped. I asked her to take photos. I was shocked. I texted the photos to the spa. She apologized and offed to refund my money. I told her that I needed to wait to see how my back was doing. I went to Urgent Care and the doctor said there was little he could do except prescribe a topical medication. I told the doctor that I had been applying fresh aloe from my aloe Vera plant. He said that was just as good as the Rx.

Asked on April 28, 2019 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it's not worth pursuing. If all you need is a little time and some topical medication, then the injury is not severe, the impact on your life is very slight, and you are not incurring large medical bills from this. Therefore, you'd get very little compensation--maybe a few hundred dollars--in a lawsuit. But to pursue the lawsuit, since an injury is involved, you'd have to hire a medical professional to testify about how the injury was caused and its impact on you, and you'd pay that medical professional hundred to over one thousand dollars to testify (unless for some reason they voluntarily chose to testify in court for you for free): you'd spend more on the case than you'd get back.


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