Study: Laser Surgery Lawsuits May be Less Likely with Physician Operators
The majority of liability claims due to a cutaneous laser surgery device between 2012 and 2020 involved a non-physician operator, according to a new study in the March 2022 issue of Dermatologic Surgery.
Researchers analyzed cases of liability claims due to a cutaneous laser surgery device that took place in the US from 2012 to 2020 and found that 71 percent of 69 claims involved a non-physician operator. Laser hair removal was the most litigated (44 cases, 64 percent), followed by laser skin rejuvenation (20 cases, 30 percent), the study showed.
This data, the authors note, are consistent with previous findings and laser surgery litigation trends from 1985 to 2012. However, they suggest their findings may underestimate the frequency of injury and litigation caused by unsupervised non-physician operators.
The American Society for Dermatologic Surgery Association (ASDSA) opposes unsupervised non-physician operators performing any laser or energy-based procedures of any type. Given the lack of consistent state regulations on the use of lasers, the ASDSA Position Statement on Laser Use provides protocols and safeguards that must be in place to protect patients.
Model state legislation (“Safe Laser and Energy-Based Device Act”) provided by ASDSA’s Patients/Physicians United for Laser Safety and Efficacy (PULSE) Coalition further states that prior to delegating the performance of a laser or energy-based procedure, the delegating physician must perform the initial assessment of the patient to determine which procedure is appropriate for the patient and determine the settings on the chosen device.
On July 31, 2021, Ohio became the first state to adopt many of the patient protections brought forward in the PULSE Coalition’s model legislation (4731-18 Ohio Administrative Code).
A solicited, “Commentary on Causes of Injury and Litigation in Cutaneous Laser Surgery,” can be found in the same issue.
Dr. J. Kevin Duplechain Named New President of AACS
J. Kevin Duplechain, MD is the new President of the American Academy of Cosmetic Surgery (AACS) and its affiliate organization, the Cosmetic Surgery Foundation (CSF), the research and education arm of the AACS.
He was installed as president at the AACS annual meeting in February in Las Vegas.
Dr. Duplechain practices in Lafayette, LA. He serves as an adjunct instructor for the department of otolaryngology, division of facial plastic surgery at Tulane University in New Orleans. He is the co-founder and managing partner of Laser Skin Care of Louisiana.
“I am honored to preside over the AACS and CSF at this exciting time in our evolution as a global leader in advancing excellence and patient safety in cosmetic surgery and aesthetic medicine through education, training, research and advocacy,” says Dr. Duplechain.
Also at the meeting, C. William Hanke, MD, MPH, FACP delivered the Webster Lecture, which is presented annually in honor of plastic surgeon Richard C. Webster, MD, founder of the AACS. His Webster Lecture addressed the history of AACS, including notable past-presidents and members, and reviewed the books of liposuction as well as the evolution of tumescent local anesthesia and its application to various conditions.
The AACS Women in Cosmetic Surgery Section (WiCS), a recently formed AACS section created to support the professional and personal development of female cosmetic surgeon members, held an insightful session moderated by WiCS Co-chairs Jane Petro, MD and Suzan Obagi, MD. Keynote Speaker Andrea Moreira, MD, co-director of the microsurgery and breast reconstruction program in the Allegheny Health Network’s Division of Plastic Surgery, shared her personal journey as a plastic surgeon. Her presentation was followed by small group discussions about “owning your own business” and “work-life balance.”
WATCH NOW
MATV News Extra: AAFPRS 2022 Outlook
Corey S. Maas, MD, President of the American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS), shares his goals for his leadership term. He also discusses findings in the AAFPRS annual statistics and his insights about what’s driving the current surge in surgical and non-surgical aesthetic procedures.
Watch Now: modernaesthetics.com/series/matv-news
ASDS Survey: Most Practices Still Coping with COVID-19
From dramatic upticks in the use of teledermatology to staffing challenges and delays in procedures, the ongoing COVID-19 pandemic continues to affect dermatology and aesthetic practices, according to a new survey from the American Society for Dermatologic Surgery (ASDS).
In terms of the impact of COVID-19 on practices, ASDS members encountered various operational impacts including 72 percent of responders experiencing personal protective equipment supply challenges. As various states instituted lockdowns and deemed dermatologists non-essential, 90 percent of responders had limited operation during some period of the pandemic, with more than half forced to reduce staff. Group practices (60 percent) and solo practices (49 percent) were the most impacted by employee reductions. As members reopened their offices, they were finding it difficult to rehire in an extremely stressed health care professional employee market and navigate the “Great Resignation” environment. Stabilized staffing continues to be a challenge for 85 percent of those surveyed.
Also during this time, telemedicine gained momentum and adoption by ASDS membership. The survey showed a 187 percent increase in telehealth appointments among responders. Use of digital communications channels rose, with respondents increasing emails (47 percent), social media (27 percent) and offering virtual education options (21 percent).
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