Professional Liability of Plastic Surgeons in Canada

Abstract

The medicolegal experience of Canadian plastic surgeons from 1980 to 1995 was reviewed. During the most recent six years (1990 to 1995) 331 legal actions were closed, and these files were analyzed by the Education Department at the Canadian Medical Protective Association. Lawsuits arose most frequently from breast surgery (26%); facial surgery (21%) and hand surgery (19%) also contributed to lawsuits. Outcomes revealed that cases were often dismissed (64%)or won if they advanced to trial (9%); however, 23% required settlement on behalf of the defendant surgeon, while 4%were lost at trial. The largest damages awarded were in cases arising from hand surgery. The high cost of defending plastic surgeons is a reflection of frequency rather than severity of cases giving rise to legal actions.