From Treatment to Court

Adv Dr Arun D Mishra sheds light on the crucial aspects that aesthetic practitioners need to be aware of to safeguard their practice and maintain patient trust.

In the world of aesthetic medicine, patient satisfaction does not end in the treatment room, but continues after the procedure. While the physical results of a procedure are crucial, the true measure of satisfaction often hinges on the perceptions of those closest to the patient. This complex scenario has a chance to influence the legal landscape covering aesthetic practices, as well as the patient’s overall satisfaction.

Even a satisfied patient may face complications if their closest people are dissatisfied, potentially leading to legal disputes. As the medical aesthetics field continues to evolve, so too does the need for practitioners to navigate the complex interplay between patient outcomes and external perceptions, ensuring both satisfaction and legal protection.

Legal casework background

My journey into the legal side of medical aesthetics began in 2003 when I founded Doctors Risk Medical Services. By 2012, I had transitioned from practicing medicine to focusing on legal advocacy due to increasing legal issues within the medical field. Over the years, I have handled numerous cases related to aesthetic practices, which has provided me with valuable insights into the legal challenges faced by practitioners.

Following are a few cases that can help you about how the lawsuit works in aesthetic medicine practices:

• Case Study 1: Hair Transplantation: One notable case involved a hair transplant performed by an MBBS doctor, not specialising in dermatology or plastic surgery. The procedure led to severe complications, including hepatitis and loss of vision for the patient. This case resulted in a criminal complaint and a substantial demand for compensation. The Telangana Medical Council suspended the doctor for two years because he or she did not specialise enough. My argument in court highlighted the absence of specific regulations for aesthetic procedures and demonstrated that the medical field had evolved without corresponding legal updates.

• Case Study 2: Chemical Peeling and Complications: In another case, a chemical peel performed by an ENT surgeon led to a patient’s allergic reaction, resulting in a criminal case and patient complaint. The doctor faced litigation despite the procedure being acommon practice. This case shows how important it is to keep precise documentation and how legal action could be taken even in practices that seem normal.

Key liabilities

• Criminal liability: In medical aesthetics, severe complications or claims of carelessness can lead to criminal liability. The Supreme Court of India has said that medical professionals and their helpers should not be legally responsible for things that are out of their control as long as they take all the necessary precautions. When there are serious complications or deaths, it is important to show that the right medical procedures were followed and that the complications were handled well.

• Civil liability: Claims for compensation under consumer protection rules fall under civil liability. With the introduction of the Consumer Protection Act of 2019, the stakes have been raised, allowing for stronger claims of compensation and an increased jurisdictional reach. To defend themselves against claims of negligence, which can be about anything from small mistakes in the procedure to major problems with the treatment, medical professionals must be ready.

• Medical council liability: Medical councils have the power to punish practitioners who do treatments that are not in their recognised speciality. Aestheticians should know what the law allows them to do and double-check that they are not going beyond their professional limits.

Defending against legal challenges

• Importance of documentation: For defending against court claims, it is important to have a lot of documentation ready. Detailed medical documentation, such as consent forms and procedure notes, can have a big impact on how legal disputes turn out. When someone is charged with malpractice, well-kept records show that the right steps were taken and that the patient gave permission.

• Professional indemnity insurance: Professional indemnity insurance is a must if you want to avoid losing financial liabilities because of court claims. It is best to get insurance that covers a lot of different cosmetic procedures and has provisions for legal fees and possible settlements. Options in insurance plans that do not require cash can help protect you even more against unexpected financial problems.

• Engaging medical experts: For defending against complicated cases, it is important to have access to medical law experts. Opinions from experts can back up medical practices and help make technical parts of court cases easier to understand. Having a network of experts who can help and give advice when needed is helpful.

• Upgrading medical knowledge: It is critical to stay up-todate on recent judgments and receive continual guidance in medical law. To keep risks to a minimum, practitioners should keep up with changes in the law and use best practices in their work. Working with groups that offer ongoing training in medico-legal issues can help people be better prepared for court.

Comprehending consumer protection

• Advertising and claims: The Consumer Protection Act of 2019, has introduced stricter regulations on advertising. People who make misleading claims or ads that misrepresent can face major penalties and legal action. It is important that all marketing papers give a true picture of the services being offered and do not make false claims.

• Jurisdictional changes: Complaints can now be made in any location where the patient resides or where the treatment was received, according to recent modifications to jurisdictional laws. This changes how legal issues are handled and means that lawyers need to be ready to handle cases in several different jurisdictions.

• Legal defenses: It is important to deal with both criminal and civil liabilities properly when fighting against legal claims. Sticking to best practices, keeping solid documentation, and getting help from experts can all help lower risks and fight against claims.

Protecting from legal liabilities

When it comes to the law, aesthetic medicine has specific challenges that need to be carefully addressed. Practitioners can better protect themselves from legal liabilities if they know what the possible risks are and execute effective strategies for documentation, insurance, and expert help.

The key to keeping an ethical practice successful and in line with the law is to keep learning new concepts and following the rules of legal and ethical standards of law.

. The above article has been extracted from Adv Dr Arun Mishra’s recent talk at the Aesthetic Medicine India Conference 2024 in Mumbai.

“When there are serious complications or deaths, it is important to show that the right medical procedures were followed and that the complications were handled well.”

About Adv Dr Arun D Mishra: Adv Dr Arun Mishra is a practicing Advocate in the Supreme Court and High Court, the founder of the Doctors Risk Medico Legal Services, and a Medico-Legal Consultant. With a dual background in law and medicine, he is dedicated to spreading awareness about the law of medicine. After completing his MD in Medicine and practicing successfully for 17 years, his quest for knowledge led him to earn his LLB and LLM. He has handled over 10,000 medico-legal cases with a near-perfect success rate and authored several books on medical law.