Legal issues in laser operation

Dermatologic laser surgery is a continuously evolving field of medicine. According to the American Society for Dermatologic Surgery, in 2003, more than 100 million laser and light source cosmetic procedures were performed by its members. Procedures including hair removal and nonablative treatments, as well as removal of pigmented lesions, tattoos, and unwanted vascular lesions have revolutionized this field. With an increasing number of physicians and nonphysicians performing these procedures and with the availability of increasingly powerful laser technologies, the potential for problems and their legal consequences continue to increase. This chapter will deal with the concept of negligence and the potential for a resultant medical malpractice that may arise in such a setting. Inherent in this issue are the associated problems that arise when these procedures are performed by physician extenders. An understanding of the basic principals of a cause of action in medical malpractice will likely protect a physician from losing such a case in a court of law. The impact of the physician–physician extender relationship and the legal issues that arise from this relationship will also be discussed.