A 20-Year Analysis of Adverse Events and Litigation With Light-Based Skin Resurfacing Procedures

Halepas, Steven; Lee, Kevin C.; Higham, Zachary L; Ferneini, Elie M.

doi:10.1016/j.joms.2019.12.012

Cited by 9 publications

(8 citation statements)

References 25 publications

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“…Halepas and colleagues 6 reviewed the Westlaw database for light-based skin resurfacing procedures between 1999 and 2019. Cases were excluded if dismissed or settled outside of court.…”

Section: Resultsmentioning

confidence: 99%

“…3 With increasing numbers of nonsurgical and surgical cosmetic treatments being performed, a concomitant rise in complications and lawsuits has been observed for various procedures. [4][5][6] Approximately, half of all medical malpractice claims result in litigation, which can be expensive, timeconsuming, emotionally stressful, and harmful to professional reputation. 7 Understanding malpractice trends and reasons for litigation in aesthetic medicine is important to establish safeguards for patient care and minimize liability.…”

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confidence: 99%

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Litigation Arising From Minimally Invasive Cosmetic Procedures: A Review of the Literature

et al. 2021

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BACKGROUND Minimally invasive cosmetic procedures are on the rise. To meet this rising demand, increasing numbers of physicians and nonphysicians are performing these procedures. Understanding malpractice trends and reasons for litigation in cosmetic medicine is important to establish safeguards for patient care and minimize liability. OBJECTIVE Perform a comprehensive review of the literature on litigation associated with minimally invasive cosmetic procedures and discuss strategies to avoid facing a lawsuit. MATERIALS AND METHODS The authors searched PubMed databases using a variety of keywords to identify studies of lawsuits arising from minimally invasive cosmetic procedures through December 2020. RESULTS A total of 12 studies of litigation meeting inclusion criteria were identified: botulinum toxin (1), soft tissue fillers (3), lasers (5), body contouring/liposuction (1), chemical peels/dermabrasion (1), and sclerotherapy (1). Principle factors associated with litigation included negligence, lack of informed consent, vicarious liability for action of delegates, lack of communication, poor cosmetic result, failure to inform of risks, inappropriate treatment or dose, and failure to recognize or treat injury. CONCLUSION Understanding malpractice trends and reasons for litigation in minimally invasive cosmetic procedures can strengthen the patient–provider relationship, establish safeguards for patient care, and may minimize future risk of a lawsuit.

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“…Halepas and colleagues 6 reviewed the Westlaw database for light-based skin resurfacing procedures between 1999 and 2019. Cases were excluded if dismissed or settled outside of court.…”

Section: Resultsmentioning

confidence: 99%

mentioning

confidence: 99%

Litigation Arising From Minimally Invasive Cosmetic Procedures: A Review of the Literature

et al. 2021

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“…Medical malpractice litigation appears to be increasing in recent decades, and in response there has been a robust wave of literature on this topic. 1,2 To the authors' knowledge there has been no such analysis on elective orthognathic surgery procedures. When reviewing case law, it is important to focus on specific procedures rather than entire subspecialties.…”

Section: Introductionmentioning

confidence: 99%

The Liability of Performing Orthognathic Surgery

Halepas

Bryck

Lee

et al. 2021

Craniomaxillofacial Trauma & Reconstruction

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Study Design: This is a retrospective case series using the Thomson Reuters Westlaw Edge database, an online subscription-based database of over 40,000 state and federal records. Objective: There is growing academic interest in the medical malpractice literature. The primary objective of this study was to examine medical malpractice in orthognathic procedures in order to characterize factors that determine legal responsibility and help make the craniomaxillofacial (CMF) surgeon more comfortable when treating this patient population. Methods: The database was queried for medical malpractice cases involving orthognathic surgery from 1985-2021. The characteristics of each lawsuit were identified, and descriptive statistics were reported. Results: A total of 42 CMF malpractice cases were available for review, and total of 15 cases were included in the final sample. Verdict decisions and settlements occurred between 1991 and 2012. Of the 15 cases, the highest concentration of cases occurred in California (6) and Pennsylvania (2). 53% of cases were ruled in favor of the defendant, 7% of cases were settled, 27% of cases were ruled in favor of the plaintiff against the surgeon, and 13% were ruled in favor of the plaintiff against the hospital with the surgeon being found not liable. The minimum award of damages was $29,999 and the maximum was $550,000. Conclusion: Litigation experience can be very time consuming and troublesome for medical practitioners. The risk of litigation and complications might be a prohibiting factor as to why CMF surgeons may not be preforming orthognathic surgery. The best defense against a malpractice case is to avoid one altogether. Learning from past mistakes is one way of ensuring that goal.

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“…Currently, there is no regulated procedure for a mandatory documentary report and statistical control of complications of laser surgery 3,7 . Majority of published studies discuss only clinical manifestations of complications.…”

Section: Introductionmentioning

confidence: 99%

“…Laser methods are widely used in aesthetic medicine and dermatology due to quick and better results 1‐5 . However, laser procedures are not without risk of complications and these complications are due mainly to the use of non‐certified device and untrained personnel, as well as the rapid expansion of indications for the application of laser methods and gap in updated knowledge 1,6 …”

Section: Introductionmentioning

confidence: 99%

Management and prevention of laser complications in aesthetic medicine: An analysis of the etiological factors

Kalashnikova¹,

Jafferany

Lotti

2020

Dermatologic Therapy

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Growing popularity of laser treatment has understandably resulted in increased incidence of potential complications. The analysis of complications, taking into account the causes of their occurrence, is of particular interest. The identification of etiological factors and the development of a step‐by‐step prophylactic algorithm with their consideration is the way to reduce the number of possible complications in future practice. In this article, we present a classification of the causes of complications associated with various types of laser procedures. This classification was developed on the basis of a review of last 20 years' literature and our own experience in a network of clinics “Linline” in Russia. We identified six groups of the etiological classification of laser complications: errors of patient selection, errors of treatment tactics, wrong choice of device and technology, neglect of treatment protocol, inadequate post‐procedural care, individual response of the patient. The causes of all specified groups of complication, except the last one, are preventable causes.

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A 20-Year Analysis of Adverse Events and Litigation With Light-Based Skin Resurfacing Procedures

Cited by 9 publications

References 25 publications

Litigation Arising From Minimally Invasive Cosmetic Procedures: A Review of the Literature

Litigation Arising From Minimally Invasive Cosmetic Procedures: A Review of the Literature

The Liability of Performing Orthognathic Surgery

Management and prevention of laser complications in aesthetic medicine: An analysis of the etiological factors

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