By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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Beverly Law handles laser and med spa burn cases in California, Texas and Washington. For burn depth and scar treatment in general, see our burn injury lawyer page.
Who is allowed to run the laser
| California | Texas | Washington | |
|---|---|---|---|
| Is it medicine? | Yes. The Medical Board of California says the use of prescriptive drugs and devices is the practice of medicine, and that cosmetic procedures are the practice of medicine (MBC Newsletter, April 2009) | Laser hair removal by nonphysicians is regulated under Health and Safety Code chapter 401, subchapter M (HSC 401.504) | Yes. Because these devices penetrate and alter tissue, their use “is the practice of medicine” (WAC 246-919-605(2)) |
| Who may operate | Registered nurses, nurse practitioners and physician assistants, by delegation from a physician. The Board says no unlicensed staff, including medical assistants, may use these devices, and delegation to estheticians is prohibited (MBC) | A person must hold the right state certificate to perform laser hair removal, and the certificate covers only nonablative cosmetic hair removal. Physicians, their delegates and licensed health professionals working within their scope of practice do not need the certificate (HSC 401.504) | A properly trained and licensed professional whose license and scope of practice allow it, under a physician’s written protocol (WAC 246-919-605(10)) |
| Physician role | The physician remains responsible for patients and for treating complications from delegated treatments, and must see that backup and emergency plans are in place (MBC) | The facility must have a written contract with a consulting physician to set and audit protocols (HSC 401.519) | Before treatment, a physician must take a history, examine the patient, make a diagnosis and get informed consent, including telling the patient a nonphysician may operate the device; the physician is “ultimately responsible” for safety (WAC 246-919-605(6)-(7)) |
| On-site supervision | The Board says the law requires supervision by the physician, and a “supervising” physician who only signs delegation papers without directing, overseeing or inspecting the work is violating the law (MBC) | A certified laser hair removal professional or licensed health professional must be present to supervise during operating hours, with a limited exception (HSC 401.517) | The delegating physician must be on the immediate premises during the patient’s first treatment (WAC 246-919-605(10)(g)) |
The Medical Board also warns physicians against acting as the hired “medical director” of a spa they do not own. Its practice guidance gives the example of a spa offering Botox injections and laser hair removal and says that in such arrangements non-physicians would be engaged in the unlicensed practice of medicine (MBC practice information). When a California spa is owned or run in a way the Board does not allow, that fact often shapes who can be sued.
Texas facility rules that matter in a burn claim
Texas requires a separate license for each laser hair removal facility, with exceptions for physician-owned practices and hospitals (HSC 401.510). The device must be FDA-approved for hair removal and used only at settings expected to remove hair safely (HSC 401.514). The facility must give each customer a written statement of the risks, and the statute says complying with that notice does not affect the operator’s liability (HSC 401.515). A signed risk form does not end a Texas claim. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Laser burn lawsuits and nonphysician operators
A study in JAMA Dermatology, described by UCLA Health in October 2013, reviewed 175 liability cases from 1999 to 2012 involving injuries from skin laser procedures (UCLA Health). A nonphysician was involved in 42.9% of them, and that share rose from 36.3% in 2008 to 77.8% in 2011. For laser hair removal, 75.5% of the lawsuits from 2004 to 2012 involved a nonphysician operator, and the authors linked litigation risk to procedures done outside a traditional medical setting.
Washington’s rule lists the risks plainly: these devices can cause visual impairment, blindness, inflammation, burns, scarring and changes in skin color (WAC 246-919-605(2)). A burn from a laser or IPL treatment can leave permanent scarring or pigment changes on the face, legs or bikini area, which is why these cases are about more than the cost of the treatment.
Free burn injury case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Deadlines and damage limits
Because a laser burn at a medical practice is usually a medical negligence claim, the rules that apply to doctors and nurses often apply. Whether they do depends on who treated you and what license they hold, which is one of the first things we check.
| California | Texas | Washington | |
|---|---|---|---|
| Deadline against a health care provider | 3 years after the injury or 1 year after you discover it, whichever comes first (CCP 340.5) | 2 years from the treatment (CPRC 74.251) | 3 years from the act or 1 year from discovery, whichever is later (RCW 4.16.350); the statute’s 8-year outer limit was struck down in Bennett v. United States (2023) |
| If the claim is not medical negligence | 2 years (CCP 335.1) | 2 years (CPRC 16.003) | 3 years (RCW 4.16.080) |
California and Texas add steps and limits for claims against health care providers. In California, the provider must get at least 90 days’ notice of your intent to sue, and notice served within the last 90 days before the deadline extends the deadline by 90 days from service (CCP 364). California’s limit on pain and suffering damages against health care providers in injury cases started at $350,000 in 2023 and rises $40,000 each January 1 until it reaches $750,000 (Civ. Code 3333.2).
In Texas, you must send written notice by certified mail at least 60 days before filing (CPRC 74.051) and serve a written report from a qualified medical reviewer for each physician or health care provider sued within 120 days after that defendant’s original answer is filed (CPRC 74.351). Noneconomic damages against physicians and providers other than institutions are limited to $250,000 per claimant (CPRC 74.301).
The California one-year discovery rule is the trap. A laser burn is usually obvious within days, so the one-year clock often starts right away. More on California’s rules is on our medical malpractice statute of limitations page and our Los Angeles medical malpractice lawyer page.
What to collect after a laser or IPL burn
- Photograph the burn every day, in good light, with a ruler or coin for scale.
- Get treatment from a dermatologist, burn clinic or your own doctor, and tell them it was a laser or IPL burn.
- Ask the spa in writing for your complete chart: intake form, consent and risk forms, skin type assessment, device name, settings for each session, and the name and license of the person who treated you.
- Ask who the supervising or consulting physician was, and whether that physician examined you before the first treatment.
- Do not sign a release or accept a refund in exchange for a waiver before you talk to a lawyer.
If the burn came from a device that malfunctioned, there may also be a claim against the device maker. Our defective product burn page explains those rules. Burns to older adults in care settings are covered on our nursing home scald page.
Talk to a laser burn lawyer
If you were burned at a med spa, laser clinic or salon in California, Texas or Washington, call Beverly Law at (310) 552-6959. We will get your chart and find out who was allowed to treat you and who was supposed to be supervising. You owe no fees or costs unless we win.
Common questions
Can I sue for a laser hair removal burn?
Yes, when the burn resulted from treatment that fell below the standard of care, such as wrong settings for your skin, poor supervision or an unqualified operator. In California and Washington these treatments are the practice of medicine, so medical negligence rules usually apply.
Can an esthetician do laser hair removal in California?
In a 2009 newsletter, the Medical Board of California said lasers may be used only by registered nurses, nurse practitioners and physician assistants under a physician’s delegation, and that delegation to estheticians is prohibited.
I signed a consent form. Do I still have a case?
Often, yes. A consent form lists known risks; it does not excuse careless treatment. In Texas, the statute says giving the required risk notice does not affect the facility operator’s liability.
Is there a cap on damages for a laser burn?
If the case is medical negligence, California and Texas limit pain and suffering damages against health care providers. Medical bills and lost income are not limited by those caps. Which rules apply depends on who treated you.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- mbc.ca.gov/Download/Newsletters/newsletter-2009-04.pdf
- mbc.ca.gov/Licensing/Physicians-and-Surgeons/Practice-Information/
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- tcss.legis.texas.gov/resources/HS/htm/HS.401.htm
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- app.leg.wa.gov/WAC/default.aspx
- uclahealth.org/news/release/lawsuits-increasing-over-skin-related-laser-su
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/code_of_civil_procedure_section_340.5
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/civil_code_section_3333.2
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/code_of_civil_procedure_section_364
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- tcss.legis.texas.gov/resources/CP/htm/CP.74.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- app.leg.wa.gov/RCW/default.aspx
- courts.wa.gov/opinions/pdf/1013001.pdf
- app.leg.wa.gov/RCW/default.aspx
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.