Photography Policy

Patients of Venetian Medical Spa and Aesthetic Surgery are to be photographed before, during and/or after the course of treatment. Venetian Med Spa and Aesthetic Surgery maintains the ongoing and unrestricted right to use the photographs for education and patient documentation/records. Use of these pictures for marketing purposes or public display are agreed upon separately and are not included in this policy.

Patients relinquish all rights, title, and interest in these photographs, or any right to profit or gain directly or indirectly realized through the use of the photographs. A patient can revoke this consent only in writing, and it will not be revoked by implication.

Smokers & Secondhand Smoke Exposure

Smoking, Secondhand Smoke Exposure, Nicotine Products (Patch, Gum, Nasal Spray) Patients who are currently smoking, use tobacco products or nicotine products (patch, gum, or nasal spray) are at a greater risk for significant surgical complications, including skin necrosis, delayed healing, and additional scarring. Individuals exposed to secondhand smoke are also at potential risk for similar complications attributable to nicotine exposure.

Additionally, smoking may have a significant adverse effect on anesthesia and recovery from anesthesia, with coughing and possibly increased bleeding. Some complications that are more common in smokers include bleeding, infection, blood clots, pulmonary embolus, poor healing, increased bruising, major wound breakdown, failure of flap surgery, wound and chest infections, pneumonia, thrombosis, and heart and lung complications. Individuals who are not exposed to tobacco smoke or nicotine-containing products have a significantly lower risk of this type of complication.

Testing for nicotine is routinely performed on patients on the day of surgery. Should you test positive for nicotine products, we reserve the right to cancel your procedure scheduled for that day. Refunds will not be given in this instance. Secondhand smoke exposure should be avoided for six weeks before surgery. You will freely accept and solely assume these risks if you are a smoker. You also must acknowledge that you have been counseled in detail by Dr. Benito Torres or his staff. It is important to refrain from smoking and the use of nicotine products for at least six weeks before surgery and until your physician states it is safe to resume.

Patient Rights & Responsibility

PATIENT RIGHTS:

• You have the right to prompt and adequate responses to reasonable requests and needs for treatment or services within our capacity.
• You have the right to choose a healthcare provider who can give you high-quality healthcare when you need it or to refuse examination or care by a specific healthcare professional. You have the right to refuse to participate in experimental research.
• You have the right to accurate and easily understood information about your health plan, healthcare professionals, and healthcare facilities. If you speak another language, have a physical or mental disability, or don’t understand something, help will be provided so you can make informed healthcare decisions.
• You have the right to information regarding services available at Venetian Med Spa and Aesthetic Surgery and the cost of these services.
• You have the right to know your treatment options and take part in your care decisions. Parents, guardians, family members, or others that you select can represent you if you cannot make your own decisions.
• You have a right to considerate, respectful care from your doctors, health plan representatives, and other healthcare providers that do not discriminate against you.
• You have the right to talk privately with health care providers and to have your health care information protected. You also have the right to a copy of your medical records. You have the right to ask your doctor to document any corrections to inaccurate, irrelevant, or incomplete information in your records.
• You have a right to a fair, fast, and objective review of any complaint you have against your health plan, doctors, hospitals, or other health care personnel. This includes complaints about waiting times, operating hours, the actions of health care personnel, and the adequacy of the health care facility.
• You have the right, upon request, to receive a copy of any itemized bill or statement of your charges.
• You have the right to after-hours contact numbers. You may contact a nurse after hours at 863-340-1075. If a medical emergency arises, always dial 911.
• You have a right to review our payment policy for all services rendered.
• You have a right to review all credentials for the facility and healthcare professionals.

PATIENT RESPONSIBILITIES:

• You are responsible for providing complete and accurate information to the best of your ability about your health, any medications, including over-the-counter products and dietary supplements, present complaints, past illnesses, hospitalizations, advanced directives, power of attorney, or other directive that could affect your care, any allergies or sensitivities, and other matters relevant to health or care.
• You are responsible for keeping all appointments or contacting the office 24 hours prior to your appointment to cancel.
• You are responsible for promptly informing Venetian Med Spa and Aesthetic Surgery if you do not understand any matter relating to your care and treatment or instructions with which you cannot comply.
• You are responsible to follow the treatment plan prescribed by your provider.
• You are responsible for being considerate to other patients and seeing that any person with you is considerate, particularly regarding noise.
• You are responsible for providing a responsible driver to transport you home and remain with you for 24 hours if required by your physician.
• You are responsible for observing the smoke-free policy at our office.
• You must accept personal financial responsibility for any charges for services rendered at Venetian Med Spa and Aesthetic Surgery and any charges not covered by insurance if insurance is filed.
• You are responsible for providing necessary information regarding coverage of your charges.
• You must be respectful to all the health care providers and staff.
• You are responsible for your actions if you refuse treatment or do not follow your provider’s instructions.
• You are responsible for all products purchased at Venetian Med Spa and Aesthetic Surgery and understand that these may be prescription products, which are by state law nonrefundable.

Revision Policy

Due to the uncertain nature of healing, a patient may elect to have an additional surgery performed to modify the results of their original surgery. This revision surgery is purely the choice of the patient, often in an effort to further improve outcomes and improve patient satisfaction. These situations are associated with the extreme variation in response to similar techniques performed during the art of surgery. Certainly all involved want the best possible outcome.

There will be a minimum charge of $1500 for the use of the facility, staffing, supplies, anesthesia and materials to perform a revision surgery. We encourage all of our patients to remain weight stable throughout the process. Additional fees may be required based on the procedure and will be determined in consultation, privately.

Our physician may elect to waive any professional fees if, in the mutual agreement of the patient and physician, this treatment is a recommended treatment and the benefits associated with the procedure outweigh the risk. The agreement to receive additional treatment does not constitute an admission of guilt or responsibility for any further reduction in fees by us or our staff.

The fee for revision surgery is due at the time of scheduling.

This policy has been presented during the consultation to inform patients more fully of the high cost of surgery and limit uncertainty of possible charges in the future.

Financial Policy

Once you decide to have surgery with Dr. Benito Torres, our financial policy is as follows. This policy applies to all patients at Venetian Medical Spa and Aesthetic Surgery. It ensures that you have the best surgical experience possible and are fully informed throughout our relationship.

Based on your surgical proposal, 10% of your surgical fees are due when you select a surgery date. This is a non-refundable deposit. The deposit cannot be applied or used for any future cosmetic procedures, products, or services at Venetian Medical Spa and Aesthetic Surgery. We will not schedule your surgical procedure without receiving the 10% deposit.

Your final balance, paid in full, is due two (2) weeks prior to your surgery date and is non-refundable. There will be no exceptions to this policy. If payment is not received two (2) weeks prior to your planned procedure, your surgery may be postponed or canceled. If you would like to reschedule your procedure less than two (2) weeks before your surgery date, a rescheduling fee of up to 30% of your total costs will apply.

All patients must complete their pre-operative appointment and submit any necessary labs (including EKG, Mammogram, & Medical Clearance if requested by your surgeon) at least two (2) weeks before surgery. It is your responsibility to notify our office if your contact information changes or needs to be updated. We will attempt to contact you three times if you have not completed a pre-operative appointment. If we cannot reach you within 72 hours of our first attempt, we reserve the right to cancel your surgery. If you wish to reschedule for a future date, a rescheduling fee of up to 30% of your total costs may apply.

Testing for nicotine and illicit drugs (including weight loss pills) is routinely performed on patients on the day of surgery. Should you test positive, refuse to be tested, or decide not to follow the instructions given to you by our clinical staff, then we reserve the right to cancel your procedure for that day. Refunds will not be issued. If you believe the test results are inaccurate, you can submit a blood test at your cost. You will not be charged a rescheduling fee if the blood test is negative.

You must have an adult caregiver (minimum 18 years of age and aware of your surgical procedures) with you at all times for the first 24 hours after surgery. Please contact our pre-op nurse if you have questions regarding your caregiver's expected responsibilities. If you do not have an appropriate caregiver with you at the time of surgery, we may cancel your procedure, and a rescheduling fee will apply, up to 30% of your total costs.

While we strive to give every patient the best possible cosmetic outcome at Venetian Med Spa and Aesthetic Surgery, your safety is always our number one priority. The operating room fees in your surgery proposal are our best estimate of the time it will take to achieve your cosmetic goals. To avoid balance billing on any liposuction surgery, we estimate the operating room time based on your Body Mass Index (BMI) at the time of your consultation. BMI will fluctuate with any changes in your weight. If your BMI has increased more than two points on the day of the surgery, we may need to reschedule certain procedures, or you will be charged an additional $800 per point to cover the additional anesthesia and operating room fees.

We accept all major credit cards, cash or check. We also offer patient financing. We are happy to provide you with information regarding these programs, and we have a full-time financial coordinator on staff to assist you with your financing choices. Prescription medications and lab work are additional and NOT part of your fees from Venetian Med Spa and Aesthetic Surgery.

Mutual Agreement

Dr. Benito Torres takes pride in being able to extend a greater degree of privacy than is required by law. Federal and State privacy laws are complex. Unfortunately, some medical offices try to find loopholes around these laws. For example, physicians are forbidden by law from receiving money for selling lists of patients or medical information to companies to market their products or services directly to patients without authorization.

Some medical practices, though, can lawfully circumvent this limitation by having a third party perform the marketing. While personal data is never technically in the company's possession selling its products or services, the patient can still be targeted with unwanted marketing information. Dr. Benito Torres believes this is improper and may not be in the patient's best interest.

Accordingly, Dr. Benito Torres agrees not to provide medical information for marketing directly to patients. Regardless of legal privacy loopholes, Venetian Medical Spa and Aesthetic Surgery will never attempt to leverage its relationship with a patient by seeking the patient's consent for marketing products for others.

We want your feedback. If our office gets it right, please tell us. If we could do something better, tell us. We take quality improvement seriously. While there are scores of "rating sites" in cyberspace, many fail to provide useful information. Let's get it done right. We can recommend which sites follow minimum standards for fairness and balance. Just ask us.

Dr. Benito Torres has invested significant financial and marketing resources in developing the practice. Nothing in this Agreement prevents a patient from posting commentary about the Physician – his practice, expertise, or treatment – on web pages, blogs, and mass correspondence. In consideration for treatment and the above-noted patient protection, if the patient prepares such commentary for publication on web pages, blogs, or mass correspondence about Dr. Benito Torres and/or Venetian Medical Spa and Aesthetic Surgery, the patient exclusively assigns all Intellectual Property rights, including copyrights, to Dr. Benito Torres for any written, pictorial, and electronic commentary. This assignment shall be operative and effective at the time of creation (prior to publication) of the commentary. This Agreement shall be in force and enforceable for a period of five years from Dr. Benito Torres' last date of service to the patient.

As a matter of office policy, Dr. Benito Torres requires all patients in its practice to sign the Mutual Agreement to establish that any anonymous or pseudonymous publishing or airing of commentary will be covered by this Agreement for all Dr. Benito Torres' patients. Further, this Agreement will survive for a minimum of three years beyond any termination of the Physician-Patient relationship. Patient and Physician acknowledge that breach of this Agreement may result in serious, irreparable harm. Patient and Physician agree to the right of equitable relief (including but not limited to injunctive relief). Should a breach of this Agreement result in litigation, the prevailing party in the litigation shall be entitled to reasonable costs, expenses, and attorney fees associated with the litigation. The patient has been given the opportunity to ask questions and receive satisfactory and adequate explanations.

Advanced Directive

VENETIAN MEDICAL SPA AND AESTHETIC SURGERY PATIENT CONSENT TO RESUSCITATIVE MEASURES, NOT A REVOCATION OF ADVANCE DIRECTIVE OR MEDICAL POWERS OF ATTORNEY

• All Patients have the right to participate in their own health care decisions and to make advance directives or to execute powers of attorney that authorize others to make decisions on their behalf based on the Patient’s expressed wishes when the Patient is unable to make decisions or unable to communicate decisions. Venetian Medical Spa and Aesthetic Surgery respects and upholds those rights.
• However, unlike in an acute care hospital setting, Venetian Medical Spa and Aesthetic Surgery does not routinely perform “high-risk” procedures. Most procedures performed in this facility are considered to be of minimal risk. Of course, no surgery is without risk.
• You will discuss the specifics of your procedure with your physician, who can answer your questions about its risks, your expected recovery, and care after your surgery.
• Therefore, it is our policy, regardless of the contents of any advance directive or instructions from a health care surrogate or attorney in fact, that if an adverse event occurs during your treatment at this facility, we will initiate resuscitative or other stabilizing measures and transfer you to an acute care hospital for further evaluation. At the acute care hospital, additional treatment or withdrawal of treatment measures that have already begun will be ordered in accordance with your wishes, advance directive, or health care power of attorney. Your agreement with this policy does not revoke or invalidate any current healthcare directive or healthcare power of attorney.

If you do not agree to this policy, we are pleased to assist you to reschedule the procedure. Venetian Medical Spa and Aesthetic Surgery 6030 S. Florida Ave., Suite #120, Lakeland, FL 333813

Resolution of Concerns

"Physician" shall be understood to mean Dr. Benito Torres.

I understand that I am entering into a contractual relationship with the above-named Physician for professional care. I further understand that meritless and frivolous claims for medical malpractice have an adverse effect on the cost and availability of medical care to patients and may result in irreparable harm to a medical provider, including the Physician. As additional consideration for professional care provided to me by the Physician, I, the patient/guardian of patient, agree not to initiate or advance, directly or indirectly, any meritless or frivolous claims of medical malpractice against the Physician or Venetian Medical Spa and Aesthetic Surgery (the "Practice) on behalf of myself or my dependent.

Should I initiate or pursue a meritorious medical malpractice claim against the Physician or Practice, I agree to use only physicians who are board-certified in the same specialty as the Physician as expert witnesses (with respect to issues concerning the standard of care). Further, I agree that these physicians retained by me or on my behalf to be expert witnesses will be diplomat(s) in good standing of the American Board of Cosmetic Surgery (ABCS) and member(s) in good standing of the American Academy of Cosmetic Surgery (AACS). I agree the expert(s) will be obligated to adhere to the guidelines or code of conduct defined by the AACS and that the expert(s) will be obligated to fully consent to a formal review of conduct by such society and its members.

I agree to require any attorney I hire and any physician hired by me or on my behalf as an expert witness to agree to these provisions. In further consideration, the Physician and Practice also agree to the same above-referenced stipulations regarding expert witnesses.

I agree that a conclusion by a specialty society affording due process to an expert will be treated as supporting or refuting evidence of a frivolous or meritless claim.

I agree that this Agreement is binding upon me and/or my dependent individually and their respective successors, assigns, representatives, personal representatives, spouses, and other dependents.

I agree that these provisions apply to any claim for medical malpractice, whether based on a theory of contract, negligence, battery, or any other theory of recovery.

I acknowledge that monetary damages may not provide an adequate remedy for breach of this Agreement and that such breach may result in irreparable harm to the Physician's reputation and business. In the event of a breach of this Agreement, I agree to allow the Physician to seek specific performance and/or injunctive relief in addition to any other remedy available to the Physician at law.