Doctors have a duty of care to patients to exercise a reasonable standard of care to protect patients from injury. When doctors fail to do this and injuries result due to their negligence, this is called medical malpractice.
A Louisiana woman is suing an Atlanta-area dermatology clinic after laser hair removal gone terribly wrong. The procedure left the victim with second degree burns and permanent scarring to her face and neck, according to the lawsuit.
She has accused an esthetician at A New You Skin and Body Clinic of failure to properly test the treatment and failure to ensure the laser used was compatible with African-American skin. These failures led to permanent disfigurement. Additionally, the victim claims the clinic never warned her of the possibility, however small, of permanent scarring and disfigurement.
During the procedure, the victim claims that despite feeling burning, the esthetician assured her it was normal. A consultation with a doctor on Louisiana revealed that while her scarring and burns would improve, they were likely to never completely go away.
Cosmetic Procedures and Medical Negligence
Even if a procedure is elective, such as plastic surgery or laser hair removal, victims of injury can still recover under medical negligence laws. There are three elements that a victim must prove to recover damages:
- A doctor-patient relationship exists
- The doctor breached the medical standard of care during the course of a treatment
- That breach of care resulted in injury
Keep in mind that dissatisfaction with results of cosmetic procedures does not constitute injury, and in some cases, this can lead to jury bias in otherwise legitimate cases.
Also know that there is a statute of limitations for bringing a medical malpractice case in Georgia. From the date of injury, you have two years to file suit. If the harm does not become apparent for longer than two years, under a statute of repose, you have up to five years from the date of injury to file.