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Saturday, May 10, 2008

Ind. Decisions - "Appeals court rules laser hair removal is not health care"

The May 8th Court of Appeals opinion in the case of OB-GYN Associates of Northern Indiana, P.C. v. Tammy Ransbottom (see ILB summary here - 5th case) is the subject of a story today by Jeff Parrott of the South Bend Tribune that begins:

The Indiana Court of Appeals has ruled that cosmetic laser hair removal, a growing trend nationally, is not "health care," clearing the way for two women's negligence lawsuits to proceed.

Tammy Ransbottom of North Liberty and Mary Maxie of Mishawaka last year sued OB-GYN Associates of Northern Indiana, of South Bend, over burns and permanent disfigurement they say they suffered during cosmetic laser hair removal. Specifically, they claim a nurse who performed the procedures, without a doctor present, had set the laser device too high.

OB-GYN Associates, a medical practice, asked St. Joseph County Circuit Court Judge Michael Gotsch to dismiss Ransbottom's suit, arguing the procedures were medical in nature and therefore were subject to Indiana's Medical Malpractice Act.

Such a finding would have required the plaintiffs to initially file their complaints with a three-physician "medical review" panel, under the auspices of the Indiana Department of Insurance. If the panel had found their claims were not frivolous, Ransbottom and Maxie could have filed suit in court, the process all claims of medical malpractice follow in Indiana. * * *

Attorney Vincent Campiti, representing Maxie and Ransbottom, said they are glad not to have to undergo the medical review panel process, which can take a year or two itself before a court case even begins. "This will mean a lot less expense; it's less time-consuming and it gives us immediate access to the courts," Campiti said.

Being allowed to pursue the cases as simple negligence lawsuits also exempts them from the $1.2 million damages cap to which medical malpractice cases are subject, Campiti said, while noting he has no idea whether his clients' damages will be that high.

Posted by Marcia Oddi on May 10, 2008 11:32 AM
Posted to Ind. App.Ct. Decisions