Analysis on claims based on alleged medical professional liability related to mastopexy

© 2019 Asociación Nacional de Médicos Forenses Introduction: Mastopexy is one of the most common aesthetic procedures, and is also one of the causes of increased litigation in the past few years. Material and methods: 50 Provincial Court judgements were checked in the period between 2010 and 2018, as well as claims made to the Professional Liability Service of the Catalonian Colleges of Physicians between 2009 and 2018 regarding mastopexy. Results: Most of the 50 judgements were based on an information defect and/or technical malpractice. In 26 cases all claims were dismissed. The compensation average in the 24 condemnatory judgements was 22.583 Euros. The case study analysis revealed 28 complaints regarding mastopexy, 17 were out-of-court claims, 7 civil, and 4 criminal. The average amount claimed in civil proceedings was 47,551.24 Euros, while the average compensation was 30,734.32 Euros. Discussion: The number of resolutions remained stable over the studied period. The lack of information as well as the judicial recognition of an obligation of means or results is essential in these types of claims. There is a notable difference between the amount claimed and the compensation in the cases of conviction.