Combining Cryotherapy And Negligence Could Lead To A Civil Suit
Cryotherapy is being heralded as a miracle treatment method for all sorts of aches and pains. People at spas are routinely subjected themselves to various "cold therapy" sessions to boost their immune system and help their bodies recover from physical stress. Despite the benefits, there may be a risk of injury associated with this new fitness fad. Anyone who suffers harm in a cryotherapy machine could seek civil damages if negligence contributed to the injury.
And there are several forms negligence may take.
Improper Warnings
Manny Harris of the Cleveland Cavaliers lost his spot on the team after suffering massive freezer burns on his foot. Harris's socks were wet when he entered the cryotherapy machine, which contributed greatly to the burns. In the aftermath of a media spectacle, the company that manufactures the machines revealed it would paste warning labels about the dangers of wet apparel directly on the devices. A lack of verbal or written warnings to clients about proper use of the machines could leave a spa liable.
Lack of Oversight
The amount of time someone spends in one of these machines has to be limited due to the extreme cold to which the person is subjected. The staff at one of these facilities positively must make sure no one is exposed to the freezing cold beyond an established safe duration. Not providing the necessary oversight could lead the spa to being liable for injuries.
Lack of Maintenance
Cryotherapy devices are no different than any other types of machines. They must be well-maintained in order to run safely and effectively. Blatantly ignoring obvious mechanical problems or customer concerns and complaints definitely would lead to a credible liability claim if an injury occurs.
Poor Therapeutic Advice
It's possible to file medical malpractice lawsuits against doctors who prescribe the treatment if it leads to an injury. In California, a woman was awarded $12 million after suffering nerve damage after taking sessions suggested by a doctor. Since the FDA has never verified the claims of the legitimate value of cryotherapy, those professionals who endorse its use may be held liable when something goes wrong. Under malpractice law, suggesting a particular treatment that is questionable could fail on meeting the appropriate medical standard for care.
Seeking Legal Counsel
Various circumstances such as signing a waiver or release or the presence of the assumption of risk could have an impact on a case. Discussing the specifics of a case with a qualified personal injury attorney charts the course for approaching a civil case in the proper manner.
