Common Causes of Injury and Legal Action in Laser Surgery

Abstract

Claims related to cutaneous laser surgery are increasing and result in indemnity payments that exceed the previously reported average across all medical specialties. Nonphysicians performing these procedures will be held to a standard of care corresponding to an individual with appropriate training; thus, physicians are ultimately responsible for the actions of their nonphysician agents.

Complications in Cosmetic Laser Surgery: A Review of 494 Food and Drug Administration Manufacturer and User Facility Device Experience Reports

“…In Dr. Avram and colleagues' review of public legal documents, laser hair removal was the procedure associated with the majority of the 174 cases identified between 1985 and 2012. The most common reason for a verdict in favor of the plaintiff was failure to obtain informed consent . Even though the injuries we report are not life threatening, they are serious, and more importantly, many of them could have been avoided or prevented if users had been more careful.…”

Patient safety in procedural dermatology

“…The most common injuries included burns (47%), scars (38.8%), and pigmentation (23.5%). Four eye injuries and 2 deaths have been reported 41 (Figs 3-6).…”

“…A recent study investigated legal claims between 1985 and 2012 related to cutaneous laser surgery; 174 laser-induced injury lawsuits were found. 41 The most common procedure that resulted in litigation was laser hair removal (n = 63). This may be because laser hair removal is the most frequent laser procedure and not necessarily because it has a high complication rate.…”

“…In addition, many mid-level providers do not carry malpractice insurance and naming the insured physician as a defendant increases the likelihood of a successful payment in a lawsuit. 41 In 2014, the same authors performed another analysis of litigation related to laser surgery. They found an increase in cases involving a nonphysician operator from 36.3% in 2008 to 77.8% in 2011.…”

The Men or Women Behind Nevi: Alfred Guido Miescher

“…They are dome-shaped papules in which melanocytes are distributed mostly endophytically, often in a wedge, and they reach the deep reticular dermis. 2,3 Miescher was a pioneer in the treatment of skin diseases with phototherapy and of cutaneous tumors with ionizing radiation. Indeed, he helped to improve dermatological radiotherapy, through determining the safest doses and innovative fractionation schemes to reduce the toxic effects.…”