An Updated Analysis of Body Contouring Malpractice Cases
Alyssa Reese*1, Alejandro Navarro2, Simran Singh1, Katherine Kozlowski1, Hannah Smith3, Sara Neimanis3, Clinton Morrison3
1Jacobs School of Medicine and Biomedical Sciences at the University at Buffalo, Williamsville, NY; 2Touro College of Osteopathic Medicine, Middletown, NY; 3Plastic Surgery, University of Rochester, Rochester, NY
Body contouring procedures are commonly performed in the United States for patients seeking to sculpt specific areas of their bodies. The aim of this study was to provide an updated analysis of the factors that influence medical malpractice litigation surrounding body contouring surgery.
The following terms were used to search the Westlaw Campus Legal Research Database for cases with earliest documentation after January 2013: (contouring OR abdominoplasty OR liposuction OR "tummy tuck" OR "body lift" OR "thigh lift" OR "arm lift" OR brachioplasty OR thighplasty OR lipectomy OR panniculectomy) AND surgery AND ("medical malpractice"). Cases were included if there was a complaint of medical malpractice subsequent to a body contouring procedure and there was sufficient information regarding the details of the case. The location where the case took place, the earliest year of available case documentation, patient demographics, procedure(s) performed, alleged injury, specialty involvement, and verdicts were determined and analyzed.
32 cases were included. The majority of the patients involved in the cases were female (N=30, 93.8%) and alive (N=28, 87.5%). The state with the highest number of cases was New York (N=7, 21.9%). Abdominoplasty (56.3%), liposuction (53.1%), and buttock augmentations (15.6%) were the most common procedures. Plastic surgeons were involved in 93.8% (N=30) of the cases. Claims of malpractice most often discussed negligent technique (71.9%) and poor postoperative management (62.5%). Common postoperative complications were infection/sepsis (40.6%), scarring (31.3%), and emotional distress/prolonged pain (31.3%). No available rulings were in favor of the plaintiff.
While many of the cases in this analysis cited negligent technique, none were founded in their argument. Nevertheless, involvement in these cases can place a burden on attending physicians and clear expectations of postoperative infections, scarring, and prolonged pain should be addressed during the informed consent process.
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