Gyno procedure gone horribly wrong!!!

Simon_454 · Mar 13, 2013

Hey guys gotta get something off my chest and would like some opinions on what my options are.

So back in October of 2012 I got a plane ticket to get gyno surgery done by a well known doctor on this board I won't point out names at this point. The procedure was suppose to be a less invasive using a cannula rods and lipo to break the gyno up and suck it out. Well as I had mentioned to the doctor prior to the procedure that I had glandular gyno and wasn't sure if this type of method would work, he assured me this was a new type of procedure and would remove glandular tissue, so I trusted him and went on with the procedure. During the procedure it was clear he could not remove the gland, started getting sloppy, working the area very roughly and eventually gave up, stating I would have to have the traditional surgery to remove the gland, fine sucks but not a huge deal. As I left to go drop off my rental car I felt my chest and it had swollen to three times it's normal size and was bleeding out of the incision hole. We than rushed back to see what the problem was and came to the conclusion that I had a hematoma, was losing too much blood and had to be rushed to the ER. I was than put under and cut open to make sure the bleeding had stopped. I woke up in a hospital room where I had to spend the night it was actually a pretty traumatizing experience and wouldn't wish this on anyone.

Now here in lies the problem I'm left with a 12,000 dollar medical bill. While in the ER the doctor who did the procedure stated that he would take care of everything and pay for the ER visit since he knew it was his mistake, well here I am nearly 6 months later and he will not take any my calls, respond to any of my emails nothing. Am I just royally screwed here or do I have grounds to take legal action against him?

Lene28 · Mar 13, 2013

A verbal agreement is a binding contract! With that said; it's what you can prove in court. I think if you have a good personal injury lawyer in your area give him a call he will answer

muscle96ss · Mar 13, 2013

Simon_454 said:
Hey guys gotta get something off my chest and would like some opinions on what my options are.

So back in October of 2012 I got a plane ticket to get gyno surgery done by a well known doctor on this board I won't point out names at this point. The procedure was suppose to be a less invasive using a cannula rods and lipo to break the gyno up and suck it out. Well as I had mentioned to the doctor prior to the procedure that I had glandular gyno and wasn't sure if this type of method would work, he assured me this was a new type of procedure and would remove glandular tissue, so I trusted him and went on with the procedure. During the procedure it was clear he could not remove the gland, started getting sloppy, working the area very roughly and eventually gave up, stating I would have to have the traditional surgery to remove the gland, fine sucks but not a huge deal. As I left to go drop off my rental car I felt my chest and it had swollen to three times it's normal size and was bleeding out of the incision hole. We than rushed back to see what the problem was and came to the conclusion that I had a hematoma, was losing too much blood and had to be rushed to the ER. I was than put under and cut open to make sure the bleeding had stopped. I woke up in a hospital room where I had to spend the night it was actually a pretty traumatizing experience and wouldn't wish this on anyone.

Now here in lies the problem I'm left with a 12,000 dollar medical bill. While in the ER the doctor who did the procedure stated that he would take care of everything and pay for the ER visit since he knew it was his mistake, well here I am nearly 6 months later and he will not take any my calls, respond to any of my emails nothing. Am I just royally screwed here or do I have grounds to take legal action against him?

Contact the medical board and file a complaint. You may also want to consult with an attorney as you may have a case for a lawsuit. The key is to find a really good attorney who has experience with these type of lawsuits. Most good attorneys will be straight up with you and tell you up front whether you are wasting your time or not.

bananas007 · Mar 13, 2013

Bro you underwent surgery and you should have been told or known the risks. Yeh it sucks, you were the unlucky one and it happened, but you probably signed an "informed consent" and I bet one of the risks was bleeding or hematoma. So legally I doubt you will get anywhere.

If it was a conservative surgeon he would have chosen not to do something he doesnt know but the problem is when Doctors put their guard down because the last 100 case nothing wrong has happened you are bound to run into a situation like yours.

I would talk to the hospital to bring you bill down, than talk to your insurance ( i hope you have insurance). MAybe ask the doctor, and see what he can help with.

I wouldnt make a big deal about the tugging and pushing, most surgeries are barbaric, the patient just doesnt know cause of anesthesia.

Wesley Inman · Mar 13, 2013

Yep search out your state's Department of Public health..and then look up grievance procedures. There is an online application process. They will review it and see if you have grounds for a complaint.

If they accept it the doctor in question has to contact his Malpractice Insurance company asap and will likely hire an attorney as well. If found guilty there are a number of things that may happen, but they will not require repayment of a fee to you. They may fine him/her but you won't see a dime. This is why you may want a good Attorney.

If you can hire an Attorney, it may be a good thing, so that you can sue them in civil court. You should be able to find one "pro bono" or free until you win and then they take the money off the winnings, usually 20-30%. You will have to show ground for damages besides the actual fees, this may or may not be hard to do.

Most often a doctor and their lawyer will settle out of court. His Malpractice Insurance will cover this. In some cases, the Department of Public health will determine other fines and measure such as re-training etc..for a doctor.

It is a long drawn out process, it can take you a year or more to get some sort of result, so don't expect anything quickly. Make sure you have a paperwork trail of documentation or you will get nowhere quickly.

Simon_454 · Mar 13, 2013

Thanks for the input guys, I've never had to deal with a situation like this, anybody know what the best way to go about finding a good attorney would be?

Simpllyhuge · Mar 13, 2013

I would hire an attorney. Why should you have to pay for the medical bill. It's pretty crazy that he is ignoring your call, you would think it was in his best interest to keep this as quiet as possible.

Is he a surgeon? No right?
Maybe he talked to his lawyer and they advised him not pay.

That's just bad business on his part. Either he's extremely arrogant or was told paying would be a bad idea.

BOOMSHAKER · Mar 13, 2013

Simon_454 said:
Hey guys gotta get something off my chest and would like some opinions on what my options are.

So back in October of 2012 I got a plane ticket to get gyno surgery done by a well known doctor on this board I won't point out names at this point. The procedure was suppose to be a less invasive using a cannula rods and lipo to break the gyno up and suck it out. Well as I had mentioned to the doctor prior to the procedure that I had glandular gyno and wasn't sure if this type of method would work, he assured me this was a new type of procedure and would remove glandular tissue, so I trusted him and went on with the procedure. During the procedure it was clear he could not remove the gland, started getting sloppy, working the area very roughly and eventually gave up, stating I would have to have the traditional surgery to remove the gland, fine sucks but not a huge deal. As I left to go drop off my rental car I felt my chest and it had swollen to three times it's normal size and was bleeding out of the incision hole. We than rushed back to see what the problem was and came to the conclusion that I had a hematoma, was losing too much blood and had to be rushed to the ER. I was than put under and cut open to make sure the bleeding had stopped. I woke up in a hospital room where I had to spend the night it was actually a pretty traumatizing experience and wouldn't wish this on anyone.

Now here in lies the problem I'm left with a 12,000 dollar medical bill. While in the ER the doctor who did the procedure stated that he would take care of everything and pay for the ER visit since he knew it was his mistake, well here I am nearly 6 months later and he will not take any my calls, respond to any of my emails nothing. Am I just royally screwed here or do I have grounds to take legal action against him?

If everything that you have stated is correct and true, I would rat that mother fucker out and put his name and address on the board for everyone to see! Then email him and tell him you ratted him out for being a unsympathetic mother fucker! Chances are he may have contacted other people on here and have future surgeries already scheduled. You may be saving them a shit load of head aches by doing so.

BUT THATS JUST ME! Hope you get some justice in the end!

p.s. I work with doctors everyday, you have good and bad ones! This guy sounds like a bad one.

here is one that gets as bad as they can get! the problem here is that many women went here, they basically passed information on from person to person. sort of a underground hook up. knowing they could come here and get a quick fix. but no one openly dropped dime on him. until it was too late for them. sad!

Jurors sought for Pa. abortion doctor's murder trial

Simpllyhuge · Mar 13, 2013

If he is who I think it is he is a regular doc and not a surgeon.

bananas007 · Mar 13, 2013

Yeh you reallu need to tell us what doctor it is. I was thinking its Dr. Blau, who is a certified by AB of plastics, and you probably wouldnt have a case against him, cause mistakes do happen, and as long as the mistake doesnt cause any significant harm they probably dont care about it. (Not a lawyer, just talking from what I know about the medicolegal system).

If you had the procedure done in michigan by one of the doctors who owns a forum than he is Internal Medicine certified, and as it is probably should not be doing surgeries but CAN. However it comes with higher risks of being sued and higher malpractice.

Stewie · Mar 13, 2013

I'm thinking the same

Simpllyhuge said:
If he is who I think it is he is a regular doc and not a surgeon.

I believe he resides in Michigan?

Simon_454 · Mar 13, 2013

I will not reveal this doctors identity, the thing is I understand shit happens, I was very respectful the whole time and knew it was an accident but when someone tells me over and over again that he will take care of the bill and than a few months later completely ignores me that's what pisses me off.

buck · Mar 13, 2013

if he took care of the bill that would pretty much be admitting fault on his behalf. and would most likely open him up to a larger future law suit if you want ed to go that route. but it does suck for you though to have to pay for/deal with the situation.

Kaladryn · Mar 13, 2013

He isn't contacting you or returning you calls in all likelihood because his insurance company (lawyers) have instructed him not to. Any malpractice attorney will take your case, they will be eager to actually, because it's going to be a big payday for both of you. I doubt it will go to court either.

Golgo13 · Mar 13, 2013

Verbal contracts don't mean anything unfortunately. Get a lawyer to write him a letter explaining what you need to keep this out of court. He will probably go for it.

buck1973 · Mar 13, 2013

Simon_454 said:
I will not reveal this doctors identity, the thing is I understand shit happens, I was very respectful the whole time and knew it was an accident but when someone tells me over and over again that he will take care of the bill and than a few months later completely ignores me that's what pisses me off.

buck said:
if he took care of the bill that would pretty much be admitting fault on his behalf. and would most likely open him up to a larger future law suit if you want ed to go that route. but it does suck for you though to have to pay for/deal with the situation.

He's Lawyered up already and has been told say nothing answer nothing you either go away or take me to court. He's Lawyered up I would do the same.
His Insurance probaly covers his legal fees and he knows yours is not.

Simon_454 · Mar 13, 2013

So considering the circumstances of my case do I have a decent chance of coming out on top?

Simon_454 · Mar 13, 2013

My other issue is that I live so far away from where this took place am I gonna have to be present for court? Do I have to have a lawyer from that state?

BOOMSHAKER · Mar 13, 2013

Simon_454 said:
So considering the circumstances of my case do I have a decent chance of coming out on top?

Medical malpractice? NO! Pain and suffering? eeeeeeh touchie subject, but you can get something out of it. Unpaid medical bills? Absolutely. Based on one thing, "do you have witnesses that can prove he agreed to pay your bills"? If that is what you're going after then you need something in writing or a witness that over heard the verbal agreement.

Simon_454 · Mar 13, 2013

His assistant just contacted me today through email saying they are waiting on the proper paper work from the billing agencies to proceed further and was gonna have the doctor call me tomorrow. He stated also stated this in the email

"Bottom line they need to be reminded that you initially refused the ER trip and we insisted. This is when we accepted billing responsibility, and we indicated this to their biller that was present. I know this because I stood there and personally ensured they entered our information."