Surging Demand for Procedures Leads to Botox Malpractice Liability Risks

More people are turning to anti-aging cosmetic procedures like Botox and fillers. For medical spas, this is a huge opportunity. However, rising demand may also increase Botox malpractice liability risks.

Demand for Botox

Future Market Insights says global demand for fillers and botulinum toxin is growing rapidly. Sales are expected to total $6,570.2 billion in 2024 and grow to $9,002.9 billion in 2034. One reason for the growth lies in the trend among younger individuals, who are turning to noninvasive cosmetic procedures as a preventative way avoid wrinkles and fine lines.

According to McKinsey & Company, this trend is not a flash in the pan. The U.S. and Canada medical-aesthetics market is expected to maintain near double-digit growth through 2025. Demand for neuromodulators (including injectable Botox) is outperforming dermal fillers and driving market growth.

The Risks of Botox

No procedure is 100% risk free. Although Botox and dermal filler injections are generally safe when operators use proper procedures, there is a potential for side effects and undesired results.

According to Mayo Clinic, Botox injections are usually safe when performed by a licensed and skilled healthcare provider. However, they may lead to pain, swelling, bruising, or infection at the injection site, droopy eyelids, crooked eyebrows or a crooked smile, drooling, watery or dry eyes, headache, or flu-like symptoms. More severe side effects (including muscle weakness, vision problems, difficulty talking or swallowing, breathing problems, loss of bladder control, and allergic reactions) are also possible.

Botox Lawsuits

When Botox procedures produce undesired results, litigation may follow.

According to The Frontier, multiple former clients in Oklahoma say they have been disfigured by microneedling, laser, and Botox treatments as the state struggles to keep up with the growing medical spa industry. One woman filed a lawsuit alleging she received severe burns and blisters at a medical spa. The doctor’s license was eventually suspended. Another woman says she was scarred after receiving injections at a medical spa. The nurse was later criminally charged.

The problem is not confined to Oklahoma. With the medical spa industry growing, safety concerns are increasing. Regulations vary widely by state. The American Society for Dermatologic Surgery found that 81.1% of medical spas do not have an onsite physician. Cosmetic medical procedures tend to have a much higher complication rate when performed at medical spas rather than at physician’s offices. Patients are typically unaware of the variation in medical supervision and training.

Counterfeit products are another cause for concern. According to Glamour, fake Botox has been found in at least nine states, resulting in the hospitalization of victims for conditions including blurred vision, shortness of breath, and difficulty swallowing.

Are You Managing Your Medspa Malpractice Risks?

With more people seeking anti-aging procedures, the medical spa industry represents a huge opportunity. Savvy business leaders will want to leverage this opportunity. At the same time, it’s important to manage risks. Patients could be seriously harmed, which could lead operators to face regulatory penalties and even criminal charges as well as civil lawsuits.

• Is your medspa in compliance with all applicable local, state, and federal regulations? Who can own a medical spa and administer treatments varies widely by state. For example, in California, only medical spas owned by a physician may offer medical procedures. Furthermore, only a physician or registered nurse or physician assistant under the supervision of a physician can provide injections and a doctor needs to be immediately reachable.
• Have your workers received the necessary training and licensing? State law may prohibit cosmetologists from performing injections and other medical procedures.
• Do you have an onsite doctor? If not, is one immediately reachable in case of an emergency?
• Do you have quality control measures in place to ensure all products are safe? Counterfeit or expired products could put your customers at risk.
• Do you secure informed consent consistently for all procedures? You should secure consent in writing. If you perform a new procedure on a recurring customer, you need to secure additional consent.
• Do your workers know what signs to look for and how to respond? Immediate action could make a difference.
• Do you follow up with customers? Some customers who are experiencing problems may contact you, whereas others may not. Reaching out to see how they’re doing is a good way to provide quality customer service and stay on top of any potential issues.
• Do you have adequate malpractice liability insurance? If you are sued, insurance will help with your legal costs.

Do you need help securing insurance for your Botox malpractice liability risks? Heffernan Insurance Brokers offers medical malpractice insurance designed for the needs of medical spas. Learn more.