One of the most misunderstood components of the medical spa industry is the legal and liability issues surrounding the medical spa. It is no wonder, since every State has a slightly different interpretation of what a medical spa is and who can perform the actual treatments. We commonly hear questions like: Can I hire a doctor? Does a MD need to be on-site? Does the doctor's malpractice insurance carry with him? Is an MSO legal in my State?

In order to help answer some of these question, we have compiled this listing of legal and insurance resources of people who actually have experience with Medical Spas.

Legal Resources

Attorney Michael H. Cohen offers specialized legal expertise and resources to physicians and other health care providers creating integrative medicine clinics and medical spas.  The Law Offices of Michael H. Cohen also sponsors the Complementary and Alternative Medicine Law Blog, offering resources about legal, ethical, and regulatory issues in alternative, complementary, and integrative medicine and the medical spa industry.

Medical Spa Insurance Resources

Medi-spa procedures carry the same risk of litigation as any other medical procedures. Additionally, the general public believes medi-spa treatments are risk-free due to their aesthetic nature and because they are performed in a spa-like setting. Often lawsuits are filed when patients are angered by negative outcomes theybelieved would not occur during medi-spa procedures.In addition.

• Many physician and RN liability policies will not cover medi-spa procedures
• Defense costs for a malpractice lawsuit easily exceed $25,000
• Medi-spa related verdicts can and have exceeded $1,000,000
• Medical Spa coverage provides protection and peace of mind for owners, practitioners, and medical directors

Annual premium range for medi-spa professional liability coverage varies based on procedures performed (see classification of procedures table below), state in which the medi-spa is located, number of locations, number and type of staff, deductible, and retroactive coverage. Annual premium is between $7,500-25,000. Coverage for medical directors (no direct patient care) is generally included in the annual premium. Separate coverage for individual physicians can be obtained for additional premium.

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