Bonus Lawsuit: Dermatology

The case concerns a woman in her 50s seeking cosmetic treatment to remove hair on her face. She was seen by a dermatologist who recommended intense pulsed light (IPL) treatment. IPL uses short bursts of light that heat the follicle and destroy its ability to grow hair.

The patient had a single IPL treatment around her mouth and chin, and the next day realized that she had extensive burns. She returned to the dermatologist after a week and was given topical antibiotics.

She had a poor cosmetic outcome related to skin discoloration and contractions of the skin around her mouth.

She contacted a malpractice attorney and a lawsuit was filed. A dermatologist was hired to write the following expert witness opinion.

The lawsuit was withdrawn 6 months after it was filed. The final court records are confidential but presumably a settlement was reached.

MedMalReviewer Opinion:

1)      I’ve seen multiple lawsuits related to IPL treatments. They’re almost all the same. A patient wants hair removed, and ends up with unsightly scars and discoloration of their skin. The alleged negligence always relates to treatment that were too aggressive, making too many passes over the skin, and not allowing the skin to cool properly.

2)      Dermatologists don’t get sued very often. This is one of the few dermatology lawsuits I’ve come across. While I have not done a formal study on the medicolegal risks of dermatology, the few cases I have seen relate either to cosmetic procedures gone wrong or missed skin cancers.

3)      This lawsuit resolved quickly. Many of the cases I read take 1-2 years from the alleged negligence to when the lawsuit was filed, and then the lawsuit itself commonly lasts 3-5 years. This one took 2 years until it was filed, but then only 6 months until it resolved.

4)      The settlement is confidential, but I suspect it was relatively small. The patient was not permanently disabled nor did she die. The fact that it resolved so quickly also suggests that the settlement was small enough that the defendants felt it was easier and cheaper to quickly put it behind them.