New Law in Florida: Mandatory Malpractice Insurance for Physicians Performing Brazilian Butt Lifts

Background

• Brazilian Butt Lifts (BBLs) are a type of cosmetic surgery that involves transferring fat from one part of the body to the buttocks.
• This procedure has become increasingly popular, but it also comes with serious risks.

The New Law

• The Florida Legislature passed a new law that went into effect Friday that requires some physicians to carry professional liability insurance.
• This law is aimed at protecting patients who undergo BBL procedures.

What is a Brazilian Butt Lift?

• A BBL involves two steps:
  1. Liposuction: Removing fat from the abdomen or back.
  2. Fat injection: Injecting the purified fat into the buttocks.

Requirements for Physicians

• Physicians who perform BBL procedures in their own surgery centers must:
  • Obtain and maintain professional liability insurance of at least $250,000 per claim, with a minimum annual aggregate of at least $750,000.
  • OR obtain and maintain an unexpired, irrevocable letter of credit of at least $250,000 per claim, with a maximum aggregate credit availability of at least $750,000.

Current Florida Law

• Currently, no other physicians in Florida are required to carry medical malpractice insurance or irrevocable letters of credit.
• This means that many Florida doctors choose to practice without insurance, known as going “bare.”
• Doctors who go bare must post a sign in their waiting room indicating their decision and “promise” to pay a limited amount of money tin case of a judgment.

Significance of the New Law

• This new law is a significant change in policy, aimed at protecting patients undergoing these specific procedures.  This is a step in the right direction, but let’s hope eventually the Florida Legislature will apply this law to every doctor in Florida.