Almost 9.2 million cosmetic surgical and nonsurgical procedures were performed in this country in 2011. The overall number of cosmetic procedures has increased 197 percent since 1997. With this increase in popularity has come an increase in the number of injuries from cosmetic procedures.
Civil lawsuits involving cosmetic surgery injuries have multiplied and include medical malpractice and negligence, lack of informed consent, breach of contract or breach of warranty, and products liability.
It is critical for attorneys to understand the medical standard of care in this area and for physicians, insurers, and employers to learn strategies on potential malpractice liability.
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Attorneys:
Counsel must develop a list of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of negligence or malpractice involving cosmetic surgery.
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Physicians:
Physicians must consider this litigation checklist when defending an alleged medical malpractice or negligence claim arising from an injury related to the cosmetic surgery procedure or treatment.
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Insurers:
When investigating a claim of cosmetic surgery negligence, the insurer should carefully evaluate the actions of the health provider. The insurer should look for the following “red flags” and consider how they impact the insurance coverage and the liability for payouts.
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Employers:
Employers and their risk managers are concerned with preventing absenteeism and the ability of their employees to work effectively. Not all injuries are work related, however. The following should be considered when determining if the employee’s cosmetic surgery injury is “work related” and occurred “in the course of the employment,” and therefore is compensable.
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