Legal considerations in cosmetic laser surgery

Legal considerations in cosmetic laser surgery
Issue online:
20 Jun 2006
Accepted for publication March 19, 2005
To cite this article: David J Goldberg MD, JD (2006)
Legal considerations in cosmetic laser surgery
Journal of Cosmetic Dermatology 5 (2), 103Ò106.
doi:10.1111/j.1473-2165.2006.00234.x
Blackwell Synergy

David J Goldberg, MD, JDMount Sinai School of Medicine, Fordham University School of Law, New York, NY

Correspondence: David J Goldberg, MD, JD, Skin Laser and Surgery Specialists of New York and New Jersey, Mount Sinai School of Medicine, Fordham University School of Law, New York, NY, E-mail: drdavidgoldberg@drdavidgoldberg.com
Keywords: lasers, malpractice, negligence

Summary

Cosmetic laser surgery is a continuously evolving field of medicine. According to the American Society for Dermatologic Surgery, over 100 million laser and light source cosmetic procedures were performed by its members. Procedures including hair removal, nonablative treatments, as well as removal of pigmented lesions, tattoos, and unwanted vascular lesions have revolutionized this field. With an increasing number of physicians and nonphysicians performing these procedures, and with the availability of increasingly powerful laser technologies, the potential for problems and their legal consequences continue to increase. This chapter will deal with the concept of negligence and the potential for a resultant medical malpractice that may arise in such a setting. An understanding of the basic principles of a cause of action in medical malpractice will likely protect a physician from losing such a case in a court of law.

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