The importance of written informed consent in facial cosmetic surgery litigation

• Published in: Journal of cranio-maxillo-facial surgery Vol. 51; no. 7-8; pp. 403 - 406
• Main Authors: Grillo, Ricardo, Brozoski, Mariana Aparecida, Naclério-Homem, Maria da Graça
• Format: Journal Article
• Language: English
• Published: 01.07.2023
• ISSN: 1010-5182; 1878-4119
• DOI: 10.1016/j.jcms.2023.08.007

It is the aim of the study to discuss litigation related to facial cosmetic surgery with a particular focus on written consent, in order to prevent unfortunate outcomes for the surgeon and patient alike. A 10-year online search for facial cosmetic surgery litigation in Brazil was conducted from 2012 to 2022. Statistical analyzes were performed using RStudio, and the results were considered significant with a 95% confidence interval. A total of 992 litigations were identified through the search. Of these, 122 articles met our inclusion criteria. The number of legal disputes on this subject has been increasing for years. Female patients are more prone to litigation. Financial damage ranged from $75 to $500,000 (mean: $59,536). Many of the lawsuits that had appropriate written consent have had a favorable outcome for the defendant. The primary specialty was the most common plastic surgery (67%), followed by maxillofacial surgery (9%). Surgeons engaged in facial cosmetic surgery should protect themselves legally from litigation. Written consent significantly reduces both litigation losses and financial damage. Some details on the preparation of this consent form have been discussed.