Case details

Defense: Risks of procedure stated on signed consent form

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
burns, disfigurement, scar
FACTS
On Dec. 30, 2010, plaintiff Barbara Dean presented to Isis Skin and Body in Oakland to undergo her fifth laser hair removal treatment by Dr. Noha Mamdouh Aboelata. Dean initially purchased a package deal for laser hair removal treatments at Isis Skin and Body in May 2010. The package included at least five treatments for facial hair removal. Dean presented for her first treatment on Aug. 8, 2010, and then had her subsequent treatments on Sept. 14, Oct. 13 and Nov. 17, 2010. However, when she presented for the fifth procedure she had drawn circles around her face with lip liner to highlight areas she wanted the doctor to focus his attention on. After the procedure, there were some raised spots in at least one area where the lip liner had been. Hydrocortisone cream was applied, but Dean complained of a burning sensation, so it was removed. Dean alleged that she developed circular burns around her mouth, chin and jaw line, which led to permanent scarring. Dean sued Aboelata and Isis Skin and Body. Dean initially alleged that the defendants’ treatment of her constituted medical malpractice, but she later focused the complaint on professional negligence, intentional misrepresentation and failure to obtain informed consent. Dean claimed the lip liner she drew on her face was not removed prior to the procedure. She claimed that as a result of not taking the lip liner off, she was burned. The nurse at Isis Skin and Body agreed that the lip liner was not washed off, but claimed that she removed the lip liner with mineral oil prior to the procedure. Defense counsel contended that as part of her purchase, Dean was explained the benefits and risks of the procedure, including such risks as skin burns, pigment changes, bruising, swelling, infections, blisters, change in skin coloring and scarring. Counsel also contended that these risks were all disclosed on a consent form that Dean signed prior to the procedures. Defense counsel further contended that Dean was not burned during the procedure and that her skin would have healed if she had used the recommended products., Dean claimed she sustained circular burns around her mouth, chin and jaw line, which led to permanent scarring. Defense counsel noted that after the fifth procedure on Dec. 30, 2010, Dean followed up with Aboelata on several occasions, during which Aboelata advised Dean to use ointment to treat the burns and use sunscreen while the burns were healing. Aboelata claimed that Dean was touching and picking at the wounds, so she advised Dean to avoid touching the wounds and keep them moist to aid in healing. Aboelata also claimed she advised Dean to allow the burns to heal for nine months and only then could any permanent injury be examined. Additionally, defense counsel contended that on Jan. 4, 2010, Dean sought a second opinion and was advised that the physician thought the burns were probably superficial and that Dean should continue to use ointment and follow up in one month. However, on Feb. 1, 2011, Dean followed up with a different physician, who also opined that Dean would have to heal before any permanent scarring could be determined. Dean was also advised to use liberal sunblock and to consider a chemical peel or microdermabrasion in the future.
COURT
Superior Court of Alameda County, Oakland, CA

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