Malpractice or just Karma's cruel sense of humor??

[justice07458]

What is the name of your state (NY)?



OK.....I'll try to ask this in a Readers Digest form. Had Plastic Surgery w/ an apparently well renowned Dr. in NYC. (Bi-lateral gynecomastia) As the surgery healed it was quite obvious that there were problems, there was now an inverted nipple on the right side and a noticable (about 4" long) crease horizontally across the nipple**************bottom line was that the area now looked much worse than it did before the surgery. The Dr. kept repeating that such things were normal and easily repaired......3 office visits and 3 outpatient surgeries done under local the problem was still there and I began some extensive research (time frame is now approx. 9 months from the day of the original surgery. I visit with 4 other P.S.'s in NYC all of whom say that this is NOT normal, that too much tissue had been removed along with the gland and that the depression can be reapaired several ways but all will involve a reconstructive procedure ranging in price from 4200 to 7000 (original cost for the procedure was 8800) BUT the real kicker is that none of the Surgeons want to take the case and keep repeating "talk to your Surgeon and suggest this procedure" an finally one sits down with me and explains that it is because they do not want to take on a patient and attempt to correct the mistake of another surgeon and possibly expose themself to a joint action in a malpractice suit**************.well that was the slap in the face that I needed and begin to do A LOT of research and a month later armed with all this information I am ready to confront my Surgeon with all this info. I make the call to the office and I am told by the receptionist "I am sorry but Dr. xxxxxxxxxxxx has retired and is no longer practicing" , she gives me a number and it is an answering service that states that they will forward your medical file but have no information on the Dr**************.....hmmmmm something is not sounding correct, ya think??!!!! Within the weeks that follow I find out that the Dr's license had been revoked by the State (actually plead no contest and willingly surrendered the license) but the date of the surrender is 4 days after my original surgery and the other visits and surgeries were done when he no longer had a license (no wonder all of these Dr's did not want to get involved!!!) It takes several months but I get my file and with a few contacts I find him in CA. We speak and I keep the conversation friendly acting as though I am desperate for help but not knowledgable of what has occurred. He states that he has taken a leave of abscence AND offers, because he will be in NY in a week to see me and perform another procedure, I decline stating that I will not be available. Fast forward another six months to the present almost 2 years from the original surgery......WHEW**************does this qualify as malpractice AND can I pursue a case if the Dr. has commited suicide (I know, I know, ya can't make this stuff up)......does the malpractice coverage or ability to bring suit survive his death???? OK, ladies and gentleman, let me have it**************I know I should have acted sooner, I know that I should have done even MORE research before the surgery, I know, I know , I know

 

[ecmst12]

Sounds like you need to get your records and consult an attorney.

 

[barry1817]

medical

What is the name of your state (NY)?



OK.....I'll try to ask this in a Readers Digest form. Had Plastic Surgery w/ an apparently well renowned Dr. in NYC. (Bi-lateral gynecomastia) As the surgery healed it was quite obvious that there were problems, there was now an inverted nipple on the right side and a noticable (about 4" long) crease horizontally across the nipple**************bottom line was that the area now looked much worse than it did before the surgery. The Dr. kept repeating that such things were normal and easily repaired......3 office visits and 3 outpatient surgeries done under local the problem was still there and I began some extensive research (time frame is now approx. 9 months from the day of the original surgery. I visit with 4 other P.S.'s in NYC all of whom say that this is NOT normal, that too much tissue had been removed along with the gland and that the depression can be reapaired several ways but all will involve a reconstructive procedure ranging in price from 4200 to 7000 (original cost for the procedure was 8800) BUT the real kicker is that none of the Surgeons want to take the case and keep repeating "talk to your Surgeon and suggest this procedure" an finally one sits down with me and explains that it is because they do not want to take on a patient and attempt to correct the mistake of another surgeon and possibly expose themself to a joint action in a malpractice suit**************.well that was the slap in the face that I needed and begin to do A LOT of research and a month later armed with all this information I am ready to confront my Surgeon with all this info. I make the call to the office and I am told by the receptionist "I am sorry but Dr. xxxxxxxxxxxx has retired and is no longer practicing" , she gives me a number and it is an answering service that states that they will forward your medical file but have no information on the Dr**************.....hmmmmm something is not sounding correct, ya think??!!!! Within the weeks that follow I find out that the Dr's license had been revoked by the State (actually plead no contest and willingly surrendered the license) but the date of the surrender is 4 days after my original surgery and the other visits and surgeries were done when he no longer had a license (no wonder all of these Dr's did not want to get involved!!!) It takes several months but I get my file and with a few contacts I find him in CA. We speak and I keep the conversation friendly acting as though I am desperate for help but not knowledgable of what has occurred. He states that he has taken a leave of abscence AND offers, because he will be in NY in a week to see me and perform another procedure, I decline stating that I will not be available. Fast forward another six months to the present almost 2 years from the original surgery......WHEW**************does this qualify as malpractice AND can I pursue a case if the Dr. has commited suicide (I know, I know, ya can't make this stuff up)......does the malpractice coverage or ability to bring suit survive his death???? OK, ladies and gentleman, let me have it**************I know I should have acted sooner, I know that I should have done even MORE research before the surgery, I know, I know , I know

You want to contact the state medical board. In some states, if a doctor is disciplined, it is further course of action to lie to patients about his license status. This can be very serious, and if the code sections are similar to what I have dealth with in Ca., this is important that your calls and responses are documented and presented to the medical board.

As to your surgical problems, just love doctors that won't stick up for a patient, but you do want their comments about the problems to be part of your medical record for a malpractice case. Seems pretty open and shut that doctors won't touch you because of previous malpractice and don't want to get involved because of potential to be named as well.

This also is a reason to get a malpractice lawyer as soon as possible because he will have doctors that he has worked with, and they will be more willing to work with a person that they have a dealing with, because they will feel more secure that taking on the malpractice case, they won't be named, as they will be working as your expert as well as trying to correct the problem. Time might be of the essence.

 

[justice07458]

Question #2

That brings me to my other question**************....is there a time limit from the original surgery to file the suit or lose out???

AND **************..I have already been in contact with the State Investigator who handled the revocation and the amount of information that he provided me was horrifying ALONG with the fact that he was NOT at all surprised when I told him of the procedures performed after his revocation. He did ask me to forward the information along with having an attorney file for a FULL discovery (or disclosure, not sure) of the files to include all other actiions that had been disposed of leading to the revocation**************so Thank You for clarifying that at least where that was concerned I was on the right track!!

 

[barry1817]

medical

That brings me to my other question**************....is there a time limit from the original surgery to file the suit or lose out???

AND **************..I have already been in contact with the State Investigator who handled the revocation and the amount of information that he provided me was horrifying ALONG with the fact that he was NOT at all surprised when I told him of the procedures performed after his revocation. He did ask me to forward the information along with having an attorney file for a FULL discovery (or disclosure, not sure) of the files to include all other actiions that had been disposed of leading to the revocation**************so Thank You for clarifying that at least where that was concerned I was on the right track!!

You need to call a medical malpractice attorney immediately and ask the question about the time frame to file. If you miss the time frame, doesn't matter what your case is, you are precluded from suing.

If you have doctors that mentioned how bad it was, and that the doctor that did the treatment was both being disciplined and then not licensed, you may also have grounds for other actions, because practicing without a license, can be grounds for all sorts of legal action, and a doctor practicing without a license can really cause himself grief when a patient pursues all avenues open to them. But look to do this quickly.

Also you may want to make sure that the doctor has assets, and check if he had malpractice coverage in place, because if he has neither, suing will do you no good if you can't collect, and then it might be that you want other options to pursue this, to get the proverbial pound of flesh back.

 

[seniorjudge]

The SOL for medical malpractice is GENERALLY very short.

I agree with Barry.

Consult with a medical malpractice attorney as soon as possible to determine if you have a case and, if so, how much it is worth.

 

[You Are Guilty]

The SOL is 2.5 years, so you had best get a move on. PS cases are usually difficult to deal with, so expect to have to shop your case around a bit. THe sooner you get started, the better.

And yes, malpractice insurance covers docs even after their death. The problem is more that he may have been performing procedures while unlicensed. That insurance may not cover.

Good luck.