title: Beyond the operating room: a look at legal liability in body contouring procedures.
abstract: BACKGROUND
  Malpractice claims affect the cost and quality of health care.
  
  
  OBJECTIVE
  In this study, the authors examine legal litigation following body contouring surgery and identify factors influencing malpractice litigation outcomes.
  
  
  METHODS
  The Westlaw legal database was searched for jury verdict and settlement reports related to body contouring procedures and medical malpractice. Cases included for analysis were examined for year of report, geographic location, patient demographics, procedure performed, alleged injury, causes of action, verdict, and indemnity payments.
  
  
  RESULTS
  Of 113 cases, the most common injuries sustained were disfigurement (33.6%) and the necessitation of a revision procedure (33.6%). The most common cause of action cited was negligence (84.1%). Median plaintiff ages differed significantly (P = .003) between cases favoring the defendant (44.5 years) and those favoring the plaintiff (36 years). Of the alleged injuries, those cases citing an iatrogenic injury were 2.5 times more likely to result in either damages awarded or settlement (relative risk [RR], 2.5; 95% confidence interval [CI], 1.66-3.80). Cases that cited disfigurement were 87% more likely to result in damages awarded to the plaintiff (RR, 1.87; 95% CI, 1.08-3.26).
  
  
  CONCLUSIONS
  Based on this study of body contouring litigation, younger plaintiff age and iatrogenic injury strongly favored plaintiffs in either awarded damages or a settlement. Disfigurement favored plaintiffs only in awarded damages. Our study emphasizes the need for adequate communication with the patient explaining realistic aesthetic results and risks of the procedure. In addition, iatrogenic organ injury must be handled expeditiously. Incorporating these recommendations into clinical practice may promote an improved physician-patient relationship while reducing litigatious health care costs.
authors.affiliation: Department of Surgery, Division of Plastic Surgery, New Jersey Medical School, Rutgers University, Newark, New Jersey.
authors.forename: Angie M
authors.initials: AM
authors.lastname: Paik
authors.forename: Leila J
authors.initials: LJ
authors.lastname: Mady
authors.forename: Aditya
authors.initials: A
authors.lastname: Sood
authors.forename: Edward S
authors.initials: ES
authors.lastname: Lee
mesh_terms: D000293:Adolescent; D000328:Adult; D000367:Age Factors; D000368:Aged; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D003357:Cosmetic Techniques / Q000009:adverse effects / Q000191:economics; D005260:Female; D017048:Health Care Costs / Q000331:legislation & jurisprudence; D006801:Humans; D007049:Iatrogenic Disease / Q000191:economics; D016365:Liability, Legal / Q000191:economics; D008297:Male; D019300:Medical Errors / Q000009:adverse effects / Q000191:economics / Q000331:legislation & jurisprudence*; D008875:Middle Aged; D016017:Odds Ratio; D011183:Postoperative Complications / Q000191:economics; D019651:Plastic Surgery Procedures / Q000009:adverse effects / Q000191:economics / Q000331:legislation & jurisprudence*; D055815:Young Adult
keywords: abdominoplasty; arm lift; body contouring; brachioplasty; liposuction; lower bodylift; medical malpractice; thigh lift; thighplasty