Dr. Seiler has deep experience working with both plaintiff and defense attorneys on civil and medical-board cases involving complications from laser and cosmetic injectable treatments (Botox and dermal filler). He works with attorneys to identify violations of medical law statutes and standard of care, issues of potential negligence or if a patient has been harmed through malpractice or indirect intent to harm. Due to the volume and variety of cases on which Dr. Seiler has assisted during his career, he is particularly adept at identifying the possibility of a potential positive outcome, provides attorney education on the issue(s) at hand, assists with medical research and provides guidance throughout the case.
The following case descriptions highlight the types and variety of cases Dr. Seiler has counseled on, but is not a comprehensive or exhaustive list.
Medical Spa Case – Laser Hair Removal – Plaintiff
Dr. Seiler was called by a plaintiff attorney to evaluate the legitimacy and parameters of a case involving an African American individual who received severe burns with long-lasting, visible scarring after receiving laser hair removal at a medical spa. He was able to help the attorney research medical law and establish that:
- The physician was negligent and not properly involved in the treatment of the patient, and the technician was not properly trained to administer treatment.
- The medical spa did not take a proper patient history or obtain consent.
- A device that should never be used on African American skin was used, which ultimately caused the severe burns and scarring.
Dr. Seiler was able not only to help the attorney decide how far to take the case, but also determine the likelihood of a positive outcome for his client. Although a settlement was awarded in this particular case, sometimes laser hair removal lawsuits are more complicated and go through to deposition and trial.
Medical Board Case – Fractional CO2 Laser Resurfacing – Defense
Dr. Seiler was contacted by a physician’s defense attorney to review a case in which a patient filed an official complaint to the state medical board and also threatened to file a civil lawsuit. This case involved a fractional CO2 Laser Resurfacing of the patient’s face, in which she had healing and subsequent scarring issues. He was able to help the attorney research medical law and establish that:
- The physician appropriately treated the patient before, during and after treatment.
- There was no evidence of negligence or deviance from the standard of care.
- The patient neglected to follow proper aftercare instructions.
- The patient, against physician recommendation, used outdoor well water to bathe causing an infection, and got sunburned.
- The patient fell on her face, which resulted in poor healing times and wound complications.
Dr. Seiler submitted a detailed 10-page report through the attorney to the medical board, which, after only three days of deliberation, helped absolve the physician of all claims of alleged malpractice and negligence. According to the defense attorney, cases such as this typically take an average of six weeks before a judgement is reached, and attributed the quick and decisive resolution to Dr. Seiler’s thorough report.
Non-physician Run Medical Spa Case – Laser Hair Removal – Plaintiff
Dr. Seiler was called by a plaintiff attorney representing a patient who suffered severe burns and long-term scarring after laser hair removal at a medical spa. He was able to help the attorney research medical law and establish that:
- The medical spa employed an “on-paper” medical director, a chiropractor, who was not directly involved, properly trained to oversee or administer laser treatments and not legally allowed to serve in this capacity.
- The chiropractor introduced himself as “doctor,” implying he had graduated medical school, and did not disclose his true specialty to patients.
- The aesthetician performing the treatment did not have the proper training or experience to administer laser hair removal.
- The patient was never seen by a trained medical physician prior to receiving treatment.
- An inappropriate laser was used to attempt laser hair removal.
- The patient suffered severe burns and permanent scarring.
- Scars were visible on her face at deposition six years after her treatment.
- There were multiple medical law and standard of care violations.
Dr. Seiler’s involvement in this case consisted of two years of work, including multiple depositions. According to the attorney, Dr. Seiler’s deposition was the reason that the defense attorney cancelled the scheduled trial and agreed to a significant settlement awarded to the patient.
Medical Spa Case – Laser Hair Removal – Defense
Dr. Seilerthe attorney research medical law
- Although no specific state medical laws were violated, a violation of the standard of care occurred.
- The aesthetician did not have the proper experience or training to properly administer laser hair removal treatment.
- The proper device was used, but too much energy was used and the patient was too tan to be treated, resulting in complications.
- The mild-to-moderate burns did occur, but healed and did not lead to long-term scarring.
As it was this attorney’s first time taking a case of the nature, Dr. Seiler was able to provide counsel regarding the legitimacy of the patient’s complaint and the need to settle, given the circumstances at play. Dr. Seiler’s recommendations helped the attorney prevent a long, drawn-out case with a likely negative outcome.
Non-physician Medical Spa Case – Lip Filler Injection – Plaintiff
Dr. Seilerthe attorney research medical law
- The person claiming to be a physician was actually a self-proclaimed “medical engineer” with no formal medical training.
- This person injected Restylane filler into the patient’s lips improperly, resulting in necrosis and tissue loss with permanent visible deformity.
- Multiple state medical laws and the standard of care were violated, with negligence and proven intent to harm.
Dr. Seiler helped the attorney reach a significant settlement after proving fault and intent to harm on behalf of the non-physician practitioner.
Plastic Surgeon Case – Filler Injection – Plaintiff
Dr. Seiler was contacted by a plaintiff attorney to evaluate a case in which the patient sustained vessel occlusion and permanent deformity after being injected with dermal filler under the eye. He was able to help the attorney research medical law and establish that:
- The plastic surgeon claimed during a video deposition to have “performed more injections under the eye than any physician in the country,” and it was subsequently discovered that he administered the treatment less than 10 times in his practice.
- Proper patient consent was not obtained for the treatment.
- Negligence was evident in the misrepresentation of the plastic surgeon’s experience and inability to properly treat the complication (the vessel occlusion could have been properly managed, greatly reducing the chance of permanent disfigurement).
Dr. Seiler helped the attorney understand the level of experience required to properly administer filler treatments in a very delicate area of the face, which requires significant training before attempting. This case was settled after depositions, in lieu of trial.
