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COA: Laser hair removal not 'health care'

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Laser hair removal isn't considered "health care" within the meaning of the state's Medical Malpractice Act, the Indiana Court of Appeals ruled today.

A unanimous ruling today affirmed a trial court decision in OB-GYN Associates of Northern Indiana P.C. v. Tammy Ransbottom, No. 71A03-0711-CV-503, which involved a St. Joseph County case and the denial of a motion to dismiss a negligence action.

In January 2006, Ransbottom had gone to a Mishawaka OB-GYN's office and underwent the cosmetic laser hair removal treatment. She went for cosmetic purposes and not medical reasons, and as a result of the treatment that day she alleged she was burned by the laser. Ransbottom later filed a negligence complaint, but the association filed a motion to dismiss arguing that the laser treatment constituted "health care." The trial court denied the motion and the case went up on appeal.

"The question before us is whether the laser hair removal treatment Ransbottom received at Ob-Gyn was 'health care' within the meaning of the Medical Malpractice Act," Judge Ezra Friedlander wrote. "In pressing their respective arguments, the parties have regrettably little in the way of precedent upon which to rely. There are virtually no Indiana cases on the general subject of what constitutes health care within the meaning of the Medical Malpractice Act."

Parties relied on four Indiana cases relating to the act and what constitutes health care, as well as one from the Wyoming Supreme Court dealing with hair removal. But the Hoosier appellate court noted that those cases offer little guidance in this case.

The association argued that the treatment was performed by a registered nurse who worked for a health-care provider, used equipment that required training and expertise, and could have resulted in injury if not administered properly.

But the court countered those arguments because the treatment was not recommended or supervised by a physician, a registered nurse degree or any medical training was not necessary to operate the machine, and that laser hair treatment can be legally administered in beauty salons by those employees. The court pointed to one of its 2001 decisions that held a doctor-patient relationship is a prerequisite to maintaining a malpractice action.

The court pointed out that hair-removal treatment is analogous to tattoo equipment and tanning beds because they are also used on human bodies and aren't considered "health care."
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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