Dew - with all respect, you are still not completely understanding the situation.
Lumigan and Latisse are the same chemical product. There is no malpractice in prescribing Lumigan or Latisse for cosmesis because they are the same drug that has been approved for that specific indication. Note- before prescribing ANY medicine a physician must have a conversation with the patient regarding its intended use, its benefits, its potential side effects.
However, the ONLY reason any physician would prescribe Lumigan for cosmesis would be to circumvent insurance policy reimbursement guildines regarding covered and non-covered medical indications. That is not malpractice, it is insurance fraud.