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Laser surgery lawsuits involving nonphysician operators have increased
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Lawsuits related to cutaneous laser surgery performed by nonphysician operators have increased during recent years, with many of the cases involving procedures outside of the traditional medical setting, according to recent study results.
H. Ray Jalian, MD, of the Division of Dermatology, University of California, Los Angeles, and colleagues used WestlawNext to conduct an online database search of public legal documents involving laser surgery by nonphysician operators (NPOs). The nature and frequency of the cases, including litigation year, provider and operator certification, procedure types performed, the clinical setting of the injury and the legal action cause were main outcomes and measures.
H. Ray Jalian
Researchers found 175 cases related to injury resulting from cutaneous laser surgery from 1999 to 2012. An NPO was involved in 75 of those cases (42.9%). The percentage of cases involving an NPO increased from 36.3% in 2008 to 77.8% in 2011. The most commonly performed procedure was laser hair removal.
“Despite the fact that approximately one-third of laser hair removal procedures are performed by NPOs, 75.75% of hair removal lawsuits from 2004 to 20012 were performed by NPOs,” the researchers reported.
The number of cases of hair removal lawsuits involving NPOs increased to 85.7% from 2008 to 2012.
Sixty-four percent of cases involving NPOs were performed outside a physician’s office.
“A dramatic increase in litigation has been filed against NPOs performing cutaneous laser procedures in medical and non-medical office settings,” the researchers concluded. “This has important implications for the safety of patients undergoing these procedures.
“Physicians and other laser operators should be aware of their state laws, especially in regard to physician supervision of NPOs.”
Disclosure: Researcher Mathew M. Avram, MD, JD, serves on the medical advisory board of Zeltiq Aesthetics Inc., and on the scientific advisory board for Cytrellis Biosystems Inc. He has served as a consultant for Unilever, Zeltiq Aesthetics Inc. and Allergan.
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