title: Unattractive consequences: litigation from facial dermabrasion and chemical peels.
abstract: BACKGROUND
  Facial dermabrasion and chemical peel are common cosmetic procedures that are generally safe yet do possess inherent risks. The patient's expectations, formed well in advance of treatment, strongly correlate with overall satisfaction.
  
  
  OBJECTIVE
  The authors reviewed and analyzed litigation related to the performance of facial dermabrasion and chemical peel.
  
  
  METHODS
  The authors searched the WestlawNext legal database for relevant litigation and examined factors such as allegations raised, patient demographics, defendant specialties, final outcomes, and payments.
  
  
  RESULTS
  Proceedings from 25 cases were analyzed, involving 22 female and 2 male plaintiffs; in 1 case, sex was not specified. Sixteen cases (64%) resulted in a decision for the defendant and 9 (36%) were resolved with payments. The median difference between out-of-court settlements (median, $940 000) and jury-awarded damages (median, $535 000) was not statistically significant. Factors raised in litigation included poor cosmetic outcome (80%), alleged intratreatment negligence (68%), permanent injury (64%), informed-consent deficits (60%), emotional/psychological injury (44%), posttreatment negligence (32%), and the need for additional treatment/surgery (32%).
  
  
  CONCLUSIONS
  Out-of-court settlements and jury-awarded damages were considerable in cases where physicians practicing various (or multiple) specialties were named as defendants. These findings emphasize the need for physicians to thoroughly document potential complications prior to treatment, during the informed-consent process. Additionally, general considerations should be taken into account, such as patient expectations and the potential need for other procedures, which may enhance pretreatment communication and ultimately minimize liability. Finally, it is important to stress that physicians may be held liable for procedures performed by nonphysician ancillary staff.
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan psvider@gmail.com.
authors.forename: Peter F
authors.initials: PF
authors.lastname: Svider
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Jose
authors.initials: J
authors.lastname: Jiron
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Giancarlo
authors.initials: G
authors.lastname: Zuliani
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Mahdi A
authors.initials: MA
authors.lastname: Shkoukani
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Adam J
authors.initials: AJ
authors.lastname: Folbe
authors.affiliation: Drs Svider and Jiron are residents, Drs Zuliani and Shkoukani are Assistant Professors, and Drs Folbe and Carron are Associate Professors, Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, MichiganDrs Zuliani and Shkoukani are Assistant Professors and Dr Carron is an Associate Professor, Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Michael
authors.initials: M
authors.lastname: Carron
mesh_terms: D000328:Adult; D000368:Aged; D016208:Databases, Factual / Q000706:statistics & numerical data; D003869:Dermabrasion / Q000009:adverse effects* / Q000191:economics / Q000331:legislation & jurisprudence*; D005145:Face / Q000601:surgery; D005260:Female; D006801:Humans; D007049:Iatrogenic Disease; D007641:Keratolytic Agents / Q000009:adverse effects* / Q000191:economics; D016365:Liability, Legal / Q000191:economics*; D008297:Male; D008318:Malpractice / Q000191:economics* / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D008875:Middle Aged; D011183:Postoperative Complications / Q000191:economics; D055815:Young Adult
chemical_list: D007641:Keratolytic Agents
keywords: chemical facial peel; chemical peel; dermabrasion; dermaplaning; facial dermabrasion; informed consent; liability; litigation; malpractice; medical negligence