Commentary on: Beyond the Operating Room: A Look at Liability in Body Contouring Procedures

Abstract

In the article “Beyond the Operating Room: A Look at Legal Liability in Body Contouring Procedures,” Paik and her coauthors1 examine factors influencing malpractice litigation outcomes. They state that “delineating and understanding these factors are critical for practicing plastic surgeons to improve patient care and to minimize legal action.” Studying these claims and lawsuits supports a greater understanding of patient injuries associated with these procedures. Reducing patient injuries will have the greatest impact on litigation. This commentary provides an insurance company's perspective on malpractice litigation and compares the findings of our own study with the study conducted by Paik et al.1 Medical malpractice insurance companies provide physician insurance that protects their practices and, therefore, their livelihoods. Insurance also compensates patients who suffer harm resulting from negligent care. Each claim is thoroughly evaluated to determine whether liability exists. Insurance companies select physicians currently in practice to evaluate the clinical care alleged to be substandard. Physician reviewers are of the same specialty as the defendant physician and are considered experts in their field. Insurance companies collect information to understand the nature of claim allegations and to develop a defense. The extensive information collected in claim files— medical records, expert physician reviews, legal analysis—provides a rich resource for studying the underlying causes of patient harm. To receive compensation, a patient must show injury due to negligence. Not all patient injuries are due to negligence. Through the Comprehensive Risk Intelligence Tool (CRIT; CRICO Strategies, Cambridge, Massachusetts), The Doctors Company captures and analyzes clinical data pertaining to …