Bikini Wax Malpractice

We know that concern for physical appearance in America is one of our favorite pastimes. We spend hours and hours and dollar upon dollar to ensure that our makeup is perfect, our hair looks its best, and our skin is tan. Since most of these procedures are so commonplace we don't even think twice when we make the decision to squeeze a manicure into our lunch hour. These kind of procedures have become part of our daily routines.

Which is why it's disconcerting to learn that a basic procedure has recently received attention for the injury that it has left its patients with. The procedure is waxing, and there have been enough malpractice suits resulting from this type of procedure to raise eyebrows among the legal and civilian communities, alike.

Attribution: Max xx

It's easy to look at waxing as a necessary evil in maintaining our look - especially in the summer months. By no measure is it as enjoyable as a massage or a spa treatment, but it has almost become a necessity if someone wants to look their best when showing a little bit of skin. It's also a more dangerous procedure than people had previously thought. Cases like these in New Jersey have involved women who have sustained labial lacerations that have been so severe that they required the patient to receive stitching to close the wound.

There have even been cases in New York City in which the customers have left a waxing establishment and contracted severe illness since bacteria was more likely to penetrate the tender skin around the newly-waxed regions. Other women have even contracted folliculitis - a serious infection of the hair follicles - because spa employees apparently neglected her insistence that she had very sensitive skin. Another defendant was so affected by her injuries that she decided to sue the state cosmetology board of New Jersey.

Spa technicians might decide that your wax requires what is called 'speed wax', making it faster and easier for the technician to complete your procedure. However, speed waxing is not as gentle as other options and is more likely to leave the customer with superficial lacerations. 

Many of these cases have been settled for anywhere from $18,000 all the way to $180,000 for the defendants. In all accounts, spa employees have been said to have been negligent with how they handled the waxing, resulting in these serious injuries. Here are some things that the defendants share in these types of cases:

• Defendants claim to have informed spa employees of sensitive skin before the treatment
• Defendants experience painful lesions on the inner and outer labia following treatment
• Defendants remark that the wax used was too hot and extraordinarily irritating
• The improperly-waxed regions have allowed bacteria to develop into serious infection in the defendants.

These cases are becoming less uncommon, so make sure that you contact an experienced legal representative for a consultation if you think you may have experienced similar genital disfigurement following your waxing. The team at Therling McCarley is familiar with these types of cases and can offer its expertise and dedication to helping you receive compensation for your injury.

Getting a Divorce in Frisco?

Trying to understand the process of and considerations made in a divorce case can be difficult, but in this article, we will try to provide an overview to get you started in understanding divorce laws in Texas. While we will explain the basics of grounds for divorce, if you are going through a divorce or considering one, you should speak with an experienced divorce attorney in Frisco, or wherever you are filing for divorce.

Before we get to grounds for divorce, we must first discuss the residency requirements to file for a divorce in the first place. In Texas, either the one filing for divorce (the petitioner), or the other party (the respondent), must have been a domiciliary of (have lived in) Texas for the previous six months and be a resident of the county where the divorce is being filed for 90 days before a divorce can be filed. For the purposes of divorce law, an active duty member of the armed forces who is stationed at a military base is considered a domiciliary of the state and the county the base is in, though the six month statewide and 90 day county-specific requirements still apply. If these residency requirements are not met, the court will dismiss the case.

Now, if residency requirements are met, there still have to be grounds for a divorce. These grounds include: (each quoted from the Texas Family Code)

• CRUELTY.  The court may grant a divorce in favor
  of one spouse if the other spouse is guilty of cruel treatment
  toward the complaining spouse of a nature that renders further
  living together insupportable. (6.002)
• ADULTERY.  The court may grant a divorce in favor
  of one spouse if the other spouse has committed adultery. (6.003)
• CONVICTION OF FELONY. (6.004)
• (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
• (1)  has been convicted of a felony;
• (2)  has been imprisoned for at least one year in the  state penitentiary, a federal penitentiary, or the penitentiary of another state;  and
• (3)  has not been pardoned.
• (b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
• ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse: (6.005)
• (1)  left the complaining spouse with the intention of
  abandonment;  and
• (2)  remained away for at least one year.
• LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. (6.006)
• CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed: (6.007)
• (1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Code, in this state or another state for at least three years;  and
• (2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

So, there they are, the grounds for divorce: cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Additionally, Texas has a no-fault divorce law allowing for a divorce “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code 6.001). However, the court may consider faults when determining how to divide assets, so it is often recommended that the petitioner include faults in their petition, rather than seeking a no-fault divorce.

Considering a Divorce? Read this First.

Divorce is now a common part of our culture. Close to half of all marriages end in divorce, a statistic that many people are unaware of. While this may come as a surprise to some, it is a reality of life. Sometimes relationships do not work out and if this is the case, you need legal counsel that can represent your best interests and the interests of your family.

Consider as many variables as you can. It is nearly impossible to predict all of the repercussions that a divorce can have on your quality of life. The effects can be far reaching and cause a ripple that may spill over into other facets of your life including job performance, friendships and especially relationships with your children. Many factors to consider in regards to your children are physical and legal custody. These laws differ in many states so please consult a trusted child custody attorney to go over the parental options.

Thering McCarley Attorneys at Law represent many Frisco, TX divorce cases and have the experience and compassion it takes to handle delicate divorce cases.