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Clinical Insights

Legal Insights

Can I be sued for off-label use?

Three years ago, Dr. Cosmetic injected a hyaluronic acid filler agent into the décolleté of a markedly sun damaged 56-year-old woman. For reasons unclear to Dr. Cosmetic, his patient developed multiple erythematous papule and nodules at many of the injection sites. After a year of repeated injections and not much response, his patient filed a medical malpractice case against him. Dr. Cosmetic, knowing that almost all hyaluronic acid injection adverse sequelae get better with time was not terribly worried until he saw the basis of the lawsuit. The lawsuit alleged that Dr. Cosmetic used the device (hyaluronic acid) in a non-FDA-cleared manner.
Should he be worried after all?

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January 4, 2017

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