Even when every precaution is taken, no treatment is entirely risk-free. A patient may have an unexpected allergic response, sensitivity to a product, or a reaction unrelated to the procedure itself. In those moments, Med Spa owners often ask: does a Good Faith Exam actually reduce my liability?
The short answer is yes. But only when the exam is performed correctly, documented thoroughly, and connected to a clear medical decision.
If you’re not sure what qualifies as a compliant exam, start with What Is a Good Faith Exam.
How a Good Faith Exam Reduces Liability
A properly conducted Good Faith Exam provides the documentation that regulators and insurers look for first: proof that your practice followed the standard of care.
Here’s how it protects you:
- It documents informed consent for the Good Faith Exam (GFE).
Before conducting the GFE, the patient must understand what the exam includes and agree to it. This ensures you are compliant with regulations and that the patient knows the purpose and scope of the evaluation. - It demonstrates professional judgment.
A licensed provider evaluated the patient’s health and decided they were medically fit for the procedure. - It proves compliance with state law.
Performing a Good Faith Exam before treatment is a legal requirement in most states. Skipping it means operating outside your scope – even if the procedure itself was performed safely. - It provides a defensible record.
In the event of a complaint, the exam record shows that your Med Spa acted in good faith and made evidence-based decisions.
What Happens When Documentation Is Missing or Incomplete
The problem arises when documentation doesn’t support that a Good Faith Exam occurred – or that it was done properly. Missing or incomplete records can shift liability from “unfortunate event” to “negligence.”
In those cases, regulators may hold:
- The Medical Director accountable for inadequate supervision,
- The delegating provider accountable for incomplete assessment, and
- The Med Spa owner accountable for operational non-compliance.
To understand what constitutes a legally compliant exam, see What Is a Good Faith Exam.
When a Good Faith Exam Doesn’t Reduce Liability
A Good Faith Exam only helps if it’s complete and compliant.
Common pitfalls that limit its protective value include:
- Having the wrong person perform the exam (e.g., an RN instead of a licensed provider)
- Missing or incomplete documentation
- Relying on asynchronous encounters in states that require synchronous exams
- Failing to update the exam after a patient’s health status changes
For best practices on follow-ups and renewals, read How Often Does a Good Faith Exam Need to Be Renewed.
What Happens When an Adverse Reaction Occurs
When a patient experiences a reaction, investigators don’t assume fault immediately. Instead, they ask three key questions:
- Was the Good Faith Exam conducted by a qualified provider?
- Was it documented in full, with clear medical rationale?
- Was the treatment performed within the scope of the Medical Director’s delegation?
If the answer is yes to all three, the event is generally treated as an adverse reaction, not a compliance failure.
If any of these steps were skipped or poorly documented, liability may shift toward the provider, the Medical Director, or the Med Spa owner. See Who Is Responsible if an Approved Good Faith Exam Is Completed and There Is an Adverse Reaction With the Patient.
How Spakinect Helps Minimize Risk
Spakinect ensures that every Good Faith Exam meets the highest standard of safety, accuracy, and legal compliance.
- Patients connect with a provider in an average of 31 seconds
- Exams are performed by licensed W-2 providers trained who receive an additional 40+ hours of medical aesthetics and compliance education
- Processes are vetted by Medical Boards and legal experts to meet state requirements
- Documentation integrates directly into your EMR and is securely stored in the client portal
- Coverage extends across 40 states and counting, supporting both single-location and multi-location Med Spas
To view our current coverage map, visit States We Service.
FAQs: Good Faith Exams and Adverse Reactions
Does completing a Good Faith Exam guarantee I won’t be liable?
No, but it greatly reduces your exposure by proving you met the standard of care and followed state laws.
Who is responsible if the patient has an adverse reaction?
Responsibility depends on where the breakdown occurred: in the exam, the procedure, or the supervision structure. Learn more in Who Is Responsible if an Approved Good Faith Exam Is Completed and There Is an Adverse Reaction With the Patient.
What if the patient’s health changed after the exam?
A new or updated Good Faith Exam may be required. Read What Happens if a Patient’s Health Changes Between Exams.
Do virtual Good Faith Exams offer the same legal protection?
Yes, as long as they’re synchronous and conducted by a licensed provider. See Is the Good Faith Exam Done in Person or Virtually.
How can I ensure my exams hold up under scrutiny?
Use a compliant platform like Spakinect, where every exam is recorded, documented, and stored to withstand state and insurance review.
Final Takeaway
A properly conducted Good Faith Exam won’t prevent every complication, but it will protect your Med Spa from unnecessary liability when something goes wrong.
When done right, it’s proof that you value patient safety, follow medical best practices, and operate within the law.
With Spakinect, that protection is built into every exam. Our licensed W-2 providers, 31-second connection time, and Medical Board–vetted systems help ensure your Med Spa delivers care that’s not only compliant, but defensible.
