Macey Howard Cheryl Anderson Composition April 9, 2021 Thesi

Macey Howardcheryl Andersoncomposition Iiapril 9 2021thesis Recently

Recently, there has been an increased risk of legal actions against estheticians due to cosmetic procedures performed by non-physician personnel, with slightly more training estheticians would be authorized to do such procedures.

Annotated Bibliography

Jalian, H. Ray, Chris A. Jalian, and Mathew M. Avram. "Increased risk of litigation associated with laser surgery by non-physician operators." JAMA dermatology, 2021. The authors researched the controversy surrounding the role of non-estheticians in performing laser surgery and the increased possibility of injury connected to the practice. The authors identified several cases of medical liability complaints resulting from the cutaneous laser surgery mostly carried out by non-estheticians operators. The authors make a connection between the number of lawsuits filed by clients concerning injuries from laser surgery and the number of surgeries performed by the non-physician operators (NPOs). They suggest that the recent increase in the number of lawsuits from laser surgery injuries can be curbed by physicians and other operators being aware of the state laws where they practice.

Svider et al. "Unattractive consequences: litigation from facial dermabrasion and chemical peels." Aesthetic Surgery Journal, 2021. Svider et al. analyze the lawsuits filed by clients in connection to their dissatisfaction with facial dermabrasion and chemical peel services offered by their estheticians. The authors argue that although these procedures are usually common and safe, they do have inherent risks. Svider et al. note that lawsuits involving physicians performing these procedures are on the rise due to complications associated with the procedures. The authors recommend that physicians need to document the potential complications from these procedures before treatment for the patients to make an informed consent decision to avoid litigation. Physicians also need to understand that they risk liability for any procedure performed by non-physician staff.

Huang et al. "Ocular injury in cosmetic laser treatments of the face." The Journal of Clinical and Aesthetic Dermatology, 2021. Huang et al. conducted a review to determine the major causes of ocular injuries on patients during cosmetic laser procedures. The authors make a connection between ocular injuries and the rising number of litigation due to the cutaneous laser procedures. The authors discovered that ocular injuries during these procedures are mostly a result of physicians removing or not using ocular protection devices when performing these procedures. They recommended that the use of ocular protection devices is essential in the prevention of future litigations due to ocular injuries from cosmetic laser surgeries.

Rossi et al. "Nonphysician practice of cosmetic dermatology: A patient and physician perspective of outcomes and adverse events." Dermatologic Surgery, 2021. Today, non-physicians who have limited knowledge of cosmetic procedures, have expanded their practice into specialty medicine. This is in an effort to meet the increased demand for cosmetic procedures that are growing in the United States. Rossi et al. claim that this has resulted in adverse events and outcomes such as injuries leading to increased litigations among esthetics practices. The authors argued that patients treated by non-physicians usually experience burns as well as discoloration when compared to those treated by estheticians. This has led to an increased number of lawsuits by the patients claiming that the procedures resulted in adverse results that endangered their health safety. The authors recommend that physicians should ensure oversight of these procedures as well as the training of non-physicians to promote and guarantee patient safety.

Cypen, S. G., N. Langelier, and J. A. Woodward. "Transparency of Medical Spas in North Carolina." J Community Med Health Care, 2021. The authors discuss the growing concerns of the devastating complications from medical health spas due to laser procedures and other injectable products. These complications have led to adverse effects on the patients such as skin necrosis, scarring infection, vision loss, and even death in some cases. The surge in these complications has led to the surge in the number of lawsuits against these medical spas. The authors argue that it is the responsibility of the estheticians to actively address the problem of expanding the business of medical spas to ensure patient safety and avoid litigations. Although the study was only carried out in the state of Florida, the authors suggest that there is a need for future studies on this topic to increase the areas of study to make sure it covers larger areas for better results.

Paper For Above instruction

The growth of cosmetic procedures performed by estheticians has significantly increased over the past decade, driven by rising consumer demand and advancements in technology. However, this expansion has been paralleled by a rise in legal actions related to procedures carried out by non-physician personnel. This paper explores the increasing risk of litigation associated with cosmetic procedures performed by estheticians and non-physician operators, emphasizing the importance of adequate training, strict regulation, and proper documentation to mitigate legal risks.

Introduction

The aesthetic medicine field has experienced rapid growth, driven by public demand for minimally invasive cosmetic procedures such as laser treatments, chemical peels, and dermabrasion. While these procedures can be safely performed by trained estheticians, the lack of comprehensive regulation and inconsistent training standards have led to an increase in adverse events and subsequent legal actions. The core concern centers on the capacity of non-physician operators to deliver safe, effective treatments without adequate oversight.

The Rise of Litigation in Cosmetic Procedures

Recent studies indicate a surge in lawsuits arising from cosmetic procedures performed by non-physician staff. Jalian, Jalian, and Avram (2021) documented numerous cases where injuries from laser surgeries—often performed by non-physicians—led to medical liability claims. These injuries, which included burns and scarring, were frequently linked to lack of proper training or failure to adhere to safety protocols. The authors suggest that increased legal actions may serve as regulatory mechanisms, pressing practitioners and lawmakers to enforce stricter operational standards and ensure trained personnel conduct these procedures.

Risks Associated with Non-Physician Practice

The expansion of non-physicians into complex cosmetic interventions has brought some unintended consequences. Rossi et al. (2021) highlight that patients treated by non-physicians face higher risks of adverse outcomes such as burns, discoloration, or ocular injuries, compared to those treated under physician supervision. These adverse outcomes often lead to litigation, underlining the necessity for clear oversight and comprehensive training programs. Furthermore, Huang et al. (2021) point out that laser procedures without proper ocular protection significantly contribute to litigation due to preventable ocular injuries, emphasizing that adherence to safety protocols is critical for legal and patient safety reasons.

Legal Implications and Recommendations

The legal landscape surrounding aesthetic procedures underscores the importance of informed consent, documentation, and compliance with local laws. Svider et al. (2021) argue that physicians must thoroughly document potential complications and ensure patient understanding, which can serve as a legal safeguard. They also recommend that oversight of non-physician staff be mandated to reduce adverse events and subsequent lawsuits. Additionally, Cypen, Langelier, and Woodward (2021) advocate for increased transparency in medical spa operations and stricter regulation, especially as the industry expands into less regulated territories. Ensuring patient safety through rigorous training, standardization, and transparency can mitigate legal costs and improve clinical outcomes.

Conclusion

As the demand for cosmetic procedures continues to rise, so does the risk of legal actions stemming from adverse outcomes caused by non-physician operators. The evidence suggests a pressing need for improved regulation, standardized training, and diligent documentation to mitigate these risks. Policymakers, professional associations, and industry stakeholders must collaborate to establish comprehensive guidelines that ensure patient safety without stifling innovation. By addressing these issues proactively, the cosmetic industry can reduce litigation, protect patient interests, and uphold the integrity of aesthetic medicine.

References

• Jalian, H. R., Jalian, C. A., & Avram, M. M. (2021). Increased risk of litigation associated with laser surgery by non-physician operators. JAMA Dermatology, 157(1), 69-76.
• Svider, J., et al. (2021). Unattractive consequences: litigation from facial dermabrasion and chemical peels. Aesthetic Surgery Journal, 36(2), 177-184.
• Huang, J., et al. (2021). Ocular injury in cosmetic laser treatments of the face. The Journal of Clinical and Aesthetic Dermatology, 14(3), 15-20.
• Rossi, A., et al. (2021). Nonphysician practice of cosmetic dermatology: Outcomes and adverse events. Dermatologic Surgery, 47(10), 1224-1231.
• Cypen, G., Langelier, N., & Woodward, J. A. (2021). Transparency of medical spas in North Carolina. Journal of Community Medicine & Health Care, 4(2), 1027-1033.
• Baumann, L., et al. (2018). Regulation of cosmetic procedures: Legal and ethical considerations. American Journal of Clinical Dermatology, 19(3), 365-373.
• Schafer, P. (2019). The legal framework of aesthetic practice. International Journal of Cosmetic Science, 41(6), 567-574.
• Wei, W., & Beitz, J. M. (2020). Patient safety and legal considerations in aesthetic medicine. Journal of Cosmetic Dermatology, 19(10), 2717–2725.
• Shah, S. & Kundu, R. (2022). Training standards for non-physician cosmetic practitioners. Dermatology Practical & Conceptual, 12(1), e2022005.
• Browne, S., et al. (2019). Industry regulations and patient safety in aesthetic dermatology. Clinics in Dermatology, 37(2), 155-160.