[This information presented herein is not intended, nor should be interpreted, to be legal advice]
Increasingly in our "body aesthetics" society where "looks" or appearances dominate, cosmetic (plastic) surgery is popular. However, the commodization and overzealous marketing of cosmetic surgery procedures may frequently compromise patient safety. The key problem is that cosmetic surgery should not be treated as a commodity because, quite simply and frankly, it is not one.
Unlike most commodities or commercial products, cosmetic (plastic) surgery is not "interchangeable." Patients are not uniform (instead, they are dissimilar), cosmetic surgeons are unique in their capabilities, and plastic surgery techniques are individualized. Despite its present image, cosmetic surgery is still more medicine than business.
Trademarked labels and gadgets come and go in the cosmetic surgery field, but only a few prove to be genuinely effective. Seldomly, however, does any new product prove to be as effective and important as the good plastic surgeon's expertise. The bottom line is that patient safety and education should always take priority or precedence over any business or commercial concern [see, September/October 2013 issue, Aesthetic Surgery Journal, Dr. Eric Swanson, Leawood, Kansas].
There are many pitfalls that cosmetic (plastic) surgeons should avoid. Just a few are as follows:
- Always remember --- and never forget --- that the person you are performing surgery on is a "patient" and not just a customer. Dis-remember this point to your peril.
- "Informed consent" is an important process, not just a signed document executed by the patient.
- Generally, fraud and abuse claims by patients against doctors have no statute of limitations and are not covered by liability insurance.
- HIPAA (health privacy law) is created to protect the patient's privacy and covers medical records and photography of the patient ("Doc Hollywood-surgeons beware!)
- Further, by the way, divulging patient information in a blog or otherwise on social media (website, etc.) is a HIPAA violation.
- An "express warranty" may be established by including in the record a photograph, drawing, or picture that the patient believes will be their result from the cosmetic surgery.
- There are many more pitfalls...
Attorney Charles Jerome Ware is a premier medical malpractice attorney with a nationally respected reputation. He is headquartered in Columbia, Howard County, Maryland. For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016.
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