Litigation After Nasal Plastic Surgery

Journal of Stomatology, Oral and Maxillofacial Surgery, 2019

Acta otorhinolaryngologica Italica : organo ufficiale della Società italiana di otorinolaringologia e chirurgia cervico-facciale, 2003

Preoperative planning of any surgical procedure, especially rhinoplasty, is crucial in order to achieve an optimal outcome which will satisfy both the surgeon and patient. Use of imaging and the possibility of virtually displaying the changes planned by the surgeon definitely lead to a better understanding between doctor and patient. Although these new technologies have led to undeniable advantages, they have also generated unprecedented medical and legal problems. The Authors discuss a number of reflections on the legal consequences of image digital processing, the problems related to the storage of such images, and the appropriate way to draft an informed consent.

Aesthetic surgery journal / the American Society for Aesthetic Plastic surgery, 2015

Recently, more lawsuits have been filed by patients against their plastic surgeons, often leading to social and financial losses for the physicians involved. The authors sought to determine the factors that influence judicial decisions against plastic surgeons. Data from 98 malpractice claims filed between January 1 2000 and December 31 2008 were obtained from a state court of justice in Brazil. The authors selected 39 closed cases for this study. The following parameters were reviewed for each case: date of decision, complaint(s), conclusions of expert report, presence/absence of informed consent, medical records, and judicial decision. The chi-square test, Cramer's V coefficient, Fisher's exact test, and Cochran-Armitage test were utilized to compare data. Significance was defined as P ≤ .05. Most lawsuits pertained to breast surgery (32%), abdominoplasty (24%), rhinoplasty (22%), and liposuction (22%). The most common complaints were scars and resulting contour (48.9%), g...

2022

Technological developments resulted in significant improvements in cosmetic surgery variability which causes increase at demand and expenses for cosmetic surgeries. Concordantly medical malpractice claims increased as well in recent years. 134 cases referred to the Council of Forensic Medicine with the claim of malpractice which related aesthetic and cosmetic procedures are included in this study. The number of malpractice cases evaluated in the 3rd Board of the Council between the years 2007-2011 was 306. 38 of the cases were male, 96 were female and the mean age was 32.83±12.11. The majority of the cases were treated in Private Hospitals. (47%). Presence of medical malpractice was concluded in 29 cases (%21.6), whereas %12 of the cases (n=17%) remained inconclusive for various reasons. Among the cases which have been applied cosmetic procedure more than one body zone, the ratio of been concluded as

2011

ABSTRACT: Objectives: Dentistry, like all other health care professions, has in recent years been subjected to an increase in legal pressure by patients. Nevertheless, there are areas of activity in dentistry in which, whether because of their frequency or due to the importance of the damage and sequelae claimed, this legal pressure is greater. Amongst these areas of activity is that of oral surgery. Study design: To be meticulously analyzed in this report are 63 sentences issued by courts of second instance or higher levels regarding lawsuits involving oral surgery. The data collection file includes 13 variables. The descriptive and comparative statistical study by cross-referencing certain variables provides us with a clear and accurate picture of the lawsuit profile. Results and conclusions: Implantological surgery was the practice subject to the most claims due to surgery (55.6 percent: 35 sentences), and it drew our attention that in 71.4% of all cases (45 sentences) there was a ruling against the professional. The most frequent range of damage payments was between €18,001 and €60,000 (40.9%: 18 sentences), the highest amount having been €24,000, an important factor to take into account when contracting professional civil liability insurance.

Romanian Journal of Legal Medicine, 2010

____________________________________________________________________________ Abstract: Plastic and cosmetic surgery covers a wide range of medical interventions, dealing with either restoration of form and function or enhancing morphological characteristics. Objective complications in plastic surgery are rare as the mortality is very low, vital organs are rarely affected, and the patients are usually healthy (the purpose being usually corporal enhancement not repair). Recently an increasing number of malpractice cases had gained mass-media attention, leading to a nationwide and even international debate about the standards of healthcare in Romania. The purpose of this study is to determine the main characteristics of plastic surgery malpractice cases in Romania. Malpractice claims in plastic surgery were analyzed on a four year period (2006)(2007)(2008)(2009)(2010); the cases found (13) were analyzed by using descriptive statistical methods. The study group included eight males and five females, with a medium age of 40 years; cases were divided into traumatic, cosmetic and non-traumatic. The main reason for malpractice claims was related to a medical care deficit followed by procedure deficit. Most malpractice claims were in agendo only three being ommissive and are usually due to medical negligence.

2019

Background: In addition to odor perception, the nose also plays an important role in breathing and speech. In Iran, 70% of plastic surgeries is performed on the nose. Methods: In the present study, all patients underwent rhinoplasty during 5 years from April 2012 to March 2017 and were evaluated using a census method. A researcher-made questionnaire including the following variables were used: age, gender, level of education, season of performing the operation, length of hospitalization, occupational status, type of surgery, surgical procedure, and type of repair surgery. The obtained data were analyzed by SPSS. Results: A total of 106 individuals, with the mean age of 27.37 years were enrolled into the study. Most of the rhinoplasty surgeries were performed in summer and the lowest frequency was in spring. Most clients had a diploma, and in terms of occupational status, most subjects were students. Conclusion: There was a significant relationship between gender, educational level, and type of surgery.

Persona y Bioética, 2016

The paper discusses an ethical analysis of three common cases involving the most popular requests in rhinoplasty. As the nose plays a fundamental role in the aesthetics and physiognomy of the human face, the request for rhinoplasty may be an expression of both subjective discomfort and objective dysfunction. The paper aims, therefore, to fill the gap between qualitative-subjective impressions related to bodily self-perception and its quantitative-objective assessment. Ethical evaluation should start with consideration of the formal object and circumstances of the act, by posing the following question: Is this a real clinical case? Only after an undoubtedly positive answer to this question, should we consider specific case-related aspects; i.e., the best scientific evidence, available nosography and informed consent, before conducting an ethical evaluation of the case.

Aesthetic Surgery Journal, 2019

Background Malpractice litigation has a significant impact on healthcare costs and important professional implications for healthcare providers. Objectives The authors sought to comprehensively characterize the litigation landscape in plastic surgery across its different subspecialties. Methods The authors utilized the Westlaw legal database to conduct a comprehensive search of malpractice cases in the United States in the following categories: cosmetic, reconstructive, hand, craniofacial, and gender affirmation surgery. They conducted both a Boolean and a natural language search to identify cases in which a plastic surgeon was the defendant. Data were analyzed employing descriptive statistics, logistic regression, and relative risk calculations. Results In total, 165 cases were included. Most surgeons accused of malpractice worked in a private setting (148 [90%]). Among the 22 (13%) cases that contained information on board certification status, most surgeons were board certified (...

The tendency to beauty is an intrinsic and natural desire and quest of every human-being. According to the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the developments and expansions made in the meaning of ''Disease'', the psychiatrists and knowledgeable people at that time, started to declare that the person’s physical defects were a reflection of an inner mental disorder , thus physical features which did not meet a certain degree of perfection were seen as a kind of disease and consequently cosmetic surgical operations aimed at reflecting inner beauty, in this case, mental beauty were seen as the only kind of treatment of this disease. The main doubts regarding the legality of cosmetic surgeries were removed by considering the aim of the treatment of these kinds of surgeries and also the contemporary theories in authorization of surgeries aimed at improving one’s looks, so that cosmetic surgeries now are considered legal and lawful. Although in most legal systems as well as in Islamic countries, the nature of medical obligations is the obligation to the means, however in some special cases, the nature of medical obligations is the obligation to the results. In the Iranian's legal system, the nature of surgeons’ obligations has been introduced as the obligation to the results which seems reasonable and logical. So in this article, with a brief description of the history of the subject and the views of proponents and opponents, the nature of surgeons obligations it's been tried to comparatively study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in some controversial, common and related instances, i.e cosmetic and/or plastic surgery.