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Dermatologists named most often as defendants in laser lawsuits

Dermatologists were named most often as physician defendants in malpractice lawsuits involving laser procedures of the head and neck, with women the majority of the plaintiffs, according to recent study results.

In a retrospective analysis of the WestlawNext database (Thomson Reuters), researchers identified 34 malpractice suits from 1992 to October 2013 involving laser procedures of the head and neck. Plaintiffs were a median age of 46 years, and female plaintiffs were involved in 82% of cases.

The most commonly named defendants were dermatologists (32%), otolaryngologists (18%) and plastic surgeons (18%). Fifty-six percent of cases were resolved with a defendant verdict. Total payments, including verdict awards and settlements, were $6.55 million, with a median indemnity of $150,000.

Age-related changes, acne scarring, hair removal and vascular lesions were the most commonly performed procedures. Seventy-four percent of cases involved cutaneous procedures. Allegations of permanent injury (71%), disfigurement/scarring (68%), inadequate informed consent (50%), unnecessary/inappropriate procedure (44%) and burns (32%) were cited most often.

Median payments for noncutaneous procedures with alleged factors present were greater than those without factors ($600,000 vs. $103,000; P=.09).

“Procedures using lasers represent a potential target for malpractice litigation should an adverse event occur,” the researchers reported. “Inclusion into the informed consent process of specific factors detailed in this analysis may potentially decrease liability. In addition, physicians and patients should undergo comprehensive discussion regarding expectations as well as contingencies should adverse events occur.”

Disclosure: Researcher Michael Setzen, MD, serves on the speakers’ bureaus for Teva and Meda.