Fully 71 percent of 69 liability claims due to a cutaneous laser surgery device involved a non-physician operator.

The majority of liability claims due to a cutaneous laser surgery device between 2012 and 2020 involved a non-physician operator, according to a new study in the March 2022 issue of Dermatologic Surgery.

Researchers analyzed cases of liability claims due to a cutaneous laser surgery device that took place in the United States from 2012 to 2020 and found that 71 percent of 69 claims involved a non-physician operator. Laser hair removal was most litigated (44 cases, 64%), followed by laser skin rejuvenation (20 cases, 30%), the study showed.

This data, the authors note, is consistent with previous findings and laser surgery litigation trends from 1985 to 2012. However, they suggest their findings may underestimate the frequency of injury and litigation caused by unsupervised non-physician operators. 

The American Society for Dermatologic Surgery Association (ASDSA) opposes unsupervised non-physician operators performing any laser or energy-based procedures of any type. Given the lack of consistent state regulations on the use of lasers, the ASDSA Position Statement on Laser Use provides protocols and safeguards that must be in place to protect patients.

Model state legislation (“Safe Laser and Energy-Based Device Act”) provided by ASDSA’s Patients / Physicians United for Laser Safety and Efficacy (PULSE) Coalition further states that prior to delegating the performance of a laser or energy-based procedure, the delegating physician must perform the initial assessment of the patient to determine which procedure is appropriate for the patient and determine the settings on the chosen device.

On July 31, 2021, Ohio became the first state to adopt many of the patient protections brought forward in the PULSE Coalition's model legislation (4731-18 Ohio Administrative Code).

(A solicited, “Commentary on Causes of Injury and Litigation in Cutaneous Laser Surgery,” is published in the same issue.)