[The information provided herein is not intended to be legal advice]
Body Dysmorphic Disorder ("BDD") is an increasing concern as it relates to the field of cosmetic/plastic surgery.
An article/brochure from the Mayo Clinic on Body Dysmorphic Disorder describes BDD as follows:
Body dysmorphic disorder is a type of chronic mental illness in which you can’t stop thinking about a flaw with your appearance — a flaw that is either minor or imagined. But to you, your appearance seems so shameful that you don’t want to be seen by anyone. Body dysmorphic disorder has sometimes been called ‘imagined ugliness.’
—The Mayo Clinic staff
LEGAL INFORMED CONSENT
Recent years have seen an increased awareness of plastic surgery patients with Body Dismorphic Disorder (BDD). One of the major concerns about patients with BDD is that they may not be legally competent to give an informed consent for the cosmetic procedures they elect to have.A medical malpractice lawsuit involved a woman who, displeased with her abdominoplasty scars, claimed that she had been incapable of giving a genuinely informed consent because she had BDD. The case was later dismissed; the court ruled that the plaintiff’s surgeon had followed acceptable medical practice and did not have sufficient reason to refer the patient to a psychiatrist before surgery. The case does, however, highlight some of the problems BDD poses for informed consent when it comes to cosmetic/plastic surgery.
The legal definition of "informed consent" is somewhat broad, but it provides guidelines for determining the mental competency of the patient before they can consent to elective surgery. The law requires that doctors provide complete and accurate information about the procedure and its risks to the patient, and the patient must not be coerced or pressured in any way.
Ultimately, a truly legally competent patient must be capable of refusing consent to surgery.
When a psychological disorder (such as BDD, dementia, a learning disorder, or a manic episode) may prevent a patient from understanding the risks and likely result of a surgery they wish to have, the question arises as to whether their consent is legitimate.
Although a patient’s consent cannot be retroactively revoked if they are diagnosed with BDD after surgery, plastic surgeons are always on the watch for signs of BDD when consulting with prospective patients. This is especially important in the field of plastic surgery because people with BDD are likely to seek surgical solutions to what they believe is wrong with them.
[Sources: "Informed Consent in Body Dysmorphic Disorder," Medscape Medical News; http://drnichter.com/tag/plastic-surgery]
Medical malpractice attorney Charles Jerome Ware is Maryland/D.C.-based. For an initial courtesy consultation, or questions, call him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.
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