Certain surgical procedures are necessary, while other surgeries are elective. Today, skin-related elective laser surgeries are increasingly popular in the United States. These laser procedures include practices like laser hair removal. Although the popularity of a procedure does not necessarily alter the risks involved, there may be some unintended consequences of this growing trend.
In order to meet patient demands, the laser work is being delegated and more and more non-physicians are performing the actual procedures. This news is probably troubling to many New York residents as well as New York surgical error attorneys who understand the importance of patient safety and the standard of care that is expected in the medical community.
According to an online study published in the journal JAMA Dermatology, when non-physicians operate the laser during a procedure, the related lawsuits increase dramatically. This is especially true when the surgery or procedure occurs in a non-medical setting like a spa. Among the non-physicians who might be manning the laser are nurses, medical assistants, aestheticians and electrologists.
In order to protect themselves against injury, patients must be cautious and check the certification or training of the professional before undergoing any laser work. Patients should also know whether or not the procedure is supervised and the type of training that is provided if a non-physician is doing the work.
Patients who are injured during a surgical procedure or suffer a related infection may be able to bring a lawsuit against the responsible party. Medical professionals all must abide by a certain duty of care when treating patients. If they fail to meet this duty, then an injured patient may be able to recover damages. This duty of care also pertains to the training and supervision of a procedure if a non-physician is attending.
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Laser surgeries grow in popularity, lawsuits also increase
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Jay W. Dankner
JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.
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