Doctor Used Different Filler Than Asked?

I requested restylane injections into my tear troughs. When I signed the paperwork I noticed it was for Juvederm and the nurse said that she had brought in the wrong paperwork but the doctor knew to inject restylane. I ended up going back to have more filler and the doctor injected juvederm and not restylane possibly because of the paperwork mistake. He also over treated the area so I had to have parts of it dissolved a few weeks later. Do I have any legal rights because of incorrect filler?

Doctor Answers 8

Doctor Used Different Filler Than Asked

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Thank you for your question. They are  very similar products, made of the same product called hyaluronic acid. They are just made from different manufacturers. Both products are very natural, safe and effective for the tear trough and  results can vary person to person and the result is based on the injector, their comfort level, and experience with these products. Be certain to be under the supervision of a board certified dermatologist or plastic surgeon with expertise in injectables for an evaluation and for the safest and most effective treatments. I hope this helps.

Juvederm and Restylane are both HA fillers

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Both Juvederm and Restylane are Hyaluronic acid fillers, but from different companies.  There are minor differences between the two, but they are basically the same.  It does not deviate from  the standard of care to use either agent in the tear trough area, even if you asked for one agent over the other.  Therefore, there is no malpractice, plus you have no damages. 

Explain the situation to your doctor and I'm sure he/she will try to work something out with you to keep you as a happy patient.  Maybe a discounted fee or a free syringe for your next injection.

Good Luck!

Doctor used a different filler than I asked

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Most people would honor the patients choice on product unless it was contraindicated.  But since Juvederm and Restylane are both HA products in the same catagory they are often used interchangebly. In our office we use one consent form for for all fillers. You can over fill with either product but that is a seperate issue. Because the HA's do the same thing I find it hard to imagine it being a legal issue.  Both products are used successfully in the tear trough area.

Juvederm instead off Restylane

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 It is possible that this was just an honest mistake. Did you see the package when it was brought in? Maybe the paperwork said Juvederm as it was the wrong paperwork originally. If it was Juvederm and you had no problem specific to this vs, Restylane you really have no legal complaint. However, I would discuss this with your doctor as if you didn't get what you expected, you have  a communication complaint. A discussion might solve the whole thing. I have a new MA and today she couldn't find a Perlane consent and asked if she could use a Juvederm consent. She honestly thought it was OK. I told he it was not. 

Wrong filler injected

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Restylane and Juvederm are hyaluronic acid fillers which have both been used extensively all over the world, in millions of people, very safely. While there were and are minor differences between these fillers (e.g. juvederm is a little softer), you would hardly see or feel the difference in real world application. I'm not a lawyer, but generally there are no legal rights unless you were harmed and/or have persistent disability as a result of the treatment.

Benjamin Barankin, MD, FRCPC
Toronto Dermatologic Surgeon

Doctor used different filler than asked

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Lots of times I have patients come in and ask for things that just aren't correct, or what I would recommend, but I always tell patients what I am doing and why. Personally, I prefer Restylane under the eyes, but depending on certain patients and their facial structures and such, I have used Juvederm there too. Both are HA fillers. The consents at my office are for all fillers - they aren't individualized; however, my particular notes per each patient would tell me what I did that day, not the consent signed. Sometimes areas are just frankly overtreated and then corrected with hyaluronidase after things settle down, which regardless of which filler was used, might have occurred in your case. The more important thing here is how you look at this point and maybe not what was used. Was this an ideal situation? No. Was it illegal and therefore lawsuit worthy? No.

Hyaluronic Acid

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All the Hyaluronic Acid preparations are almost the same. The only difference is the viscusity, and cross linkage and minor unimportant differences.

Agood expert injector will use all these interchaangably

The companies want to differentiate themselves for marketing reasons, and the doctor and consumer fall for these gymics.

Samir Shureih, MD
Baltimore Plastic Surgeon

There are no "correct" fillers, but you should know what you are getting.

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Dear BlytheMarie,

Your doctor should have definitely told you what product he is using and why he is using that product.  If you ask for Restylane specifically, your doctor should tell you all the pros and cons of why he does not recommend that and why  he used Juvederm.  Even though Restylane and Juvederm are very similar, every doctor has his or her own preferences.  But ultimately, you can get excellent result with either product.  I personally prefer Juvederm in the tear trough and will tell my patients why if they request Restylane.  The consent forms are very similar and many offices use them interchangeably.  I think you should discuss why your doctor chose that treatment and focus on how he can give you the best results and a satisfied patient.  I do not recommend pursuing this legally because it will not ultimately help you get better results and distracts from your focus.  Fortunately  all these products are temporary and reversible if you are not pleased.

These answers are for educational purposes and should not be relied upon as a substitute for medical advice you may receive from your physician. If you have a medical emergency, please call 911. These answers do not constitute or initiate a patient/doctor relationship.