Articles

“Minimally Invasive,” But Not Without Risk – A Closed Claim Article

Open any mainstream internet news source and you will see articles highlighting celebrities in their golden years who seemingly have discovered the fountain of youth (or rather possess deep pockets and an excellent plastic surgeon). Some might call it vanity, but for a professional entertainer, appearance is part of the job.  In this closed claim, we explore a case involving an entertainer who sought a non-invasive cosmetic procedure, known as SculpSure, to maintain her appearance.  While the cosmetic procedure left her with a burn, months of recovery, and lasting damage, this article underscores the importance of patient selection, informed consent, careful technique, and post-procedure vigilance, even in seemingly low-risk aesthetic treatments.

Mrs. Kelley[1], a 71-year-old female, sought the care of a cosmetic surgeon, Dr. Haven, for SculpSure laser treatment on her flanks and abdomen.  Mrs. Kelley worked as a singer and entertainer, routinely performing in jazz clubs and on cruise ships.  Mrs. Kelley had a history of fibromyalgia, herpes simplex 1 or 2, and was taking Acyclovir, Prednisone, and blood pressure medicine.  Mrs. Kelley had undergone other cosmetic procedures before, and she wanted to tighten and firm the skin on her flanks and abdomen.  According to Dr. Haven’s website, this laser treatment reduced fat and targeted areas of the body without damaging the skin and required only minimal recovery time.  According to SculpSure’s website[2], the machine uses lasers to heat and destroy fat cells, which are then naturally eliminated by the body.  Mild side effects can include temporary tenderness, swelling, or tissue firmness in the treatment area.  Mrs. Kelley came to the initial consultation requesting the procedure specifically after researching the procedure on the internet.  Mrs. Kelley and Dr. Haven discussed other alternatives to the SculpSure procedure, but Mrs. Kelley was adamant that she wanted to move forward specifically with the SculpSure treatment. 

SculpSure utilizes flat, plate-like applicators that are placed on the skin to deliver laser energy for fat reduction. As the procedure began, Dr. Haven moved the plates across Mrs. Kelley's flanks.  As the procedure progressed to her abdomen, Mrs. Kelley vocalized pain. When Dr. Haven removed the plates and examined the area, he acknowledged that it appeared that the plates had burned Mrs. Kelley’s abdomen and he took some pictures of the burn.  Mr. Kelley, Mrs. Kelley's husband, asked if she should go to the emergency room, but Dr. Haven reassured him that everything was fine. He treated the burn with nitric oxide and requested that Mrs. Kelley return to the office the next day.

That night, Mrs. Kelley continued experiencing pain and contacted Dr. Haven to inquire about the need for immediate wound care or the application of an additional burn cream. However, Dr. Haven advised that neither was necessary.  The next day, Mrs. Kelley returned to the dermatology office and received IV fluids with Phenergan and a CBC panel.  Mrs. Kelley requested a CT scan, and Dr. Haven stated that it was unnecessary based on Mrs. Kelley’s bloodwork.  After receiving the IV fluids, Mrs. Kelley reported feeling better.  She was sent home and referred to a plastic surgeon the next day.  

Later in the day, she went to the emergency room where she was administered IV antibioticsThe wound had begun blistering.  She was instructed to visit a burn center the following day.  Two days after the initial treatment, Mrs. Kelley saw a burn specialist and plastic surgeon, Dr. Maple, but did not go to the plastic surgeon that Dr. Haven referred her to.  Dr. Maple determined that Mrs. Kelley had sustained third degree burns, stating that the injury “appeared to be an exit wound similar to a lightning strike.”  

After three months of frequent office visits, in-office debridement procedures, and wound dressings, Mrs. Kelley was discharged.  At that time, Mrs. Kelley no longer had a visible belly button, and she claimed that her abdomen was permanently disfigured in an area that she had originally sought to enhance through the SculpSure procedure. She also complained that she continued to suffer pain and discomfort in her abdomen.

Mrs. Kelley and her husband sought legal counsel, and their attorney contacted Dr. Haven.  Dr. Haven reported the matter to SVMIC, and defense counsel was obtained for Dr. Haven.  Through Mr. and Mrs. Kelley’s attorney, they submitted a presuit demand for Mrs. Kelley’s past and future medical expenses, including the cost of corrective surgery, as well as compensation for pain, suffering, emotional distress, and loss and enjoyment of life associated with the permanent disfigurement.  Mrs. Kelley also alleged that she had developed an umbilical hernia related to the burn and would require additional surgery.  Mr. Kelley submitted a claim for loss of consortium. 

Counsel for Mr. and Mrs. Kelley obtained an expert review from another cosmetic surgeon.  This surgeon opined that Dr. Haven negligently administered the treatment by positioning the device directly over Mrs. Kelley’s belly button, causing the laser to penetrate her skin and resulting in third-degree burns.  There was also some concern that the patient was taking Prednisone before the procedure, which can lead to heightened sensitivity during the procedure.

Defense counsel also obtained early expert review.  Though Dr. Haven conceded that he had burned the patient, defense expert physicians agreed that the subsequent care was appropriate, and that the umbilical surgery was not related to the burn and its subsequent treatment. 

Early demands for resolution were unreasonable, with Mrs. Kelley also claiming that she would require a full abdominoplasty.  Ultimately, however, Mr. and Mrs. Kelley’s expectations became more reasonable.  Counsel for both parties engaged in negotiations and ultimately resolved the matter before a suit was filed. 

Key Takeaways from the Case

1. “Non-Invasive” Doesn’t Mean “Risk-Free”:  Procedures marketed as non-invasive or low-risk can still result in significant complications. Providers must remain vigilant about proper technique, device calibration, and patient monitoring.
2. Patient Selection and Counseling Are Critical: Understanding a patient’s medical history, skin type, and expectations, especially when appearance is tied to their profession, is essential. Thorough informed consent should include rare but serious risks such as burns.
3. Appearance-Motivated Patients May Have Heightened Expectations and Demands: When a patient’s livelihood or identity is closely tied to their appearance, complications can have amplified emotional and financial consequences. This should be factored into risk discussions and documentation.
4. Documentation Is Crucial: Detailed records of the consultation, consent process, and treatment parameters can be invaluable in defending against claims and lawsuits.
5. Early Resolution Can Be Strategic: In cases where liability is uncertain, but the patient has suffered a visible injury with long-term effects, early resolution may be the most cost-effective and reputation-preserving path. This determination has to be made on a case-by-case basis depending upon the particular facts and circumstances.
6. Know When to Refer:  Prompt referral to a burn center or specialist can mitigate long-term damage and demonstrate appropriate standard of care, which may reduce liability exposure.

This case serves as a sobering reminder that even procedures marketed as “minimally invasive” can carry very real risks, especially when patient expectations are high and outcomes are deeply personal.  For providers, it’s a call to balance optimism with caution, marketing with medicine, and aesthetics with ethics.  As the demand for cosmetic procedures continues to grow, so too must our commitment to patient safety, transparency, and timely intervention when complications arise.  In the end, the true measure of care lies not just in the promise of youth and beauty, but in the protection of trust.

Erika Roberts is a Claims Attorney at SVMIC.  She obtained her undergraduate degree from Lipscomb University.  She earned her Juris Doctor from the University of Tennessee College of Law.  Prior to joining SVMIC, Erika worked for the Tennessee Supreme Court and the Tennessee Court of Appeals and in private practice defending, in part, physicians and other medical providers in healthcare liability claims.  Erika joined SVMIC in 2023.

[1] Names, some facts, and identifying details have been changed to protect the parties’ privacy.

[2] www.cynosure.com/product/sculpsure/, last verified on July 2, 2025.