I bought a laser machine to offer removal services. I took a weekend course. During a session, I used the wrong frequency on a client with darker skin. She suffered hypopigmentation (white spots) and second-degree burns. She sued for “Medical Malpractice” and “Unlicensed Surgery.”
Key Takeaways
- Laser is Medical (Usually): In many states, laser removal is considered the practice of medicine. You often need a Medical Director (a doctor on contract) to legally operate.
- “Burn” vs. “Blister”: Some blistering is normal. Burns and permanent pigment loss are negligence.
- Fitzpatrick Scale Ignorance: Using settings meant for pale skin on dark skin is the #1 cause of laser lawsuits. It is textbook negligence.
- Equipment Liability: If the machine malfunctioned, you can subrogate to the manufacturer. But if you bought a cheap Chinese laser with no FDA clearance, you are strictly liable.
The “Why” (The Trap): The “Medical Director” Requirement
Insurance policies for Laser Removal contain a warranty: “You must operate in compliance with all local and state laws.”
If your state requires a Medical Director and you don’t have one, you are operating illegally. The insurer will deny the claim based on “Criminal/Illegal Acts” or regulatory non-compliance. Even if you have “Laser Insurance,” it is void if you aren’t legally allowed to fire the laser.
The Investigation: “I Called Them”
I researched Laser Tattoo Removal insurance.
1. Med-Mal Carriers
- Requirement: Proof of Medical Director contract.
- Cost: $2,500 – $5,000/year.
- Coverage: Covers burns, scarring, and failure to remove.
2. Tattoo Shop Policy Add-on
- Availability: Rare. Most tattoo policies exclude laser.
- Exception: Some specialty brokers (Marine) offer a “Laser Removal” endorsement, but only if you prove training and legal compliance.
Comparison Table: Laser Risks
| Hazard | Cause | Insurance Outcome |
| Normal Blistering | Heat | Defense Only (Not negligence) |
| Scarring/Burns | Wrong Setting | Covered (Malpractice) |
| Hypopigmentation | Wrong Frequency | Covered (Malpractice) |
| Illegal Operation | No Med Director | Denied |
Step-by-Step Action Plan
- Check State Laws: Google “Laser Tattoo Removal Laws [Your State].” Do you need a doctor? A nurse? A specific license?
- Get a Medical Director: If required, hire a service (like Groupon MDs or local networks) to serve as your director. It costs ~$500/month.
- Buy FDA Cleared Lasers: Do not buy the $5,000 laser from Alibaba. If it burns someone, you have no defense. Buy Quanta, Cynosure, etc.
- Fitzpatrick Protocol: Have a written protocol for skin typing. Document the client’s Fitzpatrick score (1-6) and the settings used for every session.
FAQ
Q: Can I just have them sign a waiver for burns?
A: You can waive “risk of scarring,” but you cannot waive “negligent operation.” If you use the wrong setting, the waiver is useless.
Q: Is “Tatt2Away” (Chemical removal) different?
A: Yes, that is chemical, not laser. It has different risks (scarring is higher). Ensure your policy specifically names the removal method you use.
[IMAGE: Chart showing the Fitzpatrick Skin Scale and the corresponding safe laser wavelengths.]