Can a Doctor be held liable for a bad Hair Transplanton?

[Guest]

Not to sound as if I were repeating myself or a duplicated post but what steps can an individual take to discredit a Doctor or a poor procedure?Of course one can seek legal representation but what other measures may a person use to register their claim of a less than adequate procedure performed on them?

To date,I have written several business letters expressing my disblief and disgruntleness to my previous "QUACK" with no responce!Perhaps I could show up at their place of business and express my disblief in person, continually call them or maybe even consult the better business bureu?

 

[This message was edited by solid on December 09, 2003 at 06:34 AM.]

[Guest]

Not to sound as if I were repeating myself or a duplicated post but what steps can an individual take to discredit a Doctor or a poor procedure?Of course one can seek legal representation but what other measures may a person use to register their claim of a less than adequate procedure performed on them?

To date,I have written several business letters expressing my disblief and disgruntleness to my previous "QUACK" with no responce!Perhaps I could show up at their place of business and express my disblief in person, continually call them or maybe even consult the better business bureu?

 

[This message was edited by solid on December 09, 2003 at 06:34 AM.]

[Joe HT]

Who's the doctor?

And sure, I guess so, contract or otherwise.

[Ken belanger]

You can, but it's tough. If he has good lawyers, he had you sign most of your rights away.

 

And, in a lot of cases the best you can do is get your money back and maybe a few legal fees.

 

Sorry but that's about it.

 

In my opinion, the best thing to do is post his name and your pictures on-line as many places as possible. That way any person who does a search on his name has a good chance of finding out about what he did to you.

 

 

Ken

 

P.S. If you want to annoy him and try a little public embarrassment for him, take him to small claims court.

[Shed Harris]

Mike Wallace

 

Chaos, panic and disorder...my work here is done.

[Joe HT]

Oh.. of course, the media. The media has the power to convict and sentence someone before a trial even begins.

[Joecifus]

He'll never write you back. It could never benefit him, and only harm him for any action.

 

If I was maliciously butchered, I'd definitely seek action. Signing the papers never excuses a doc or company from flagerantly doing something wrong - otherwise they could chop your ears off and hide behind the contract.

 

Time, money, effort and the possible outcome are another story.

 

If you go out just to get back at them by trashing their name, I'd say be very careful. If they have big pockets they could come after you.

 

The one thing I know is the truth is a perfect defense. So, maybe keep it to something like - My surgery was with this doc and here are my pix. Stay away from anything too slanted and let readers make their own opinion. If they see the pix, it will be the same whether you go overboard trashing him, or giving the true basics.

 

My Pix and Hair Mentor page with advice on Choosing a Doc, anti-swelling and healing advice

[Mahair]

you can file with the medical board in your state and the better business bureau but the consent form pretty much lets them do what they want. the doctor that did me looked to see if i signed the consent form then hurried to get started i am still kicking myself for not backing out right there. but most quacks will hide behind a consent form after not telling the truth beforehand.if the doctor explains these things then has you sign it to verifie that you are informed thats just a formality. my consent was signed just before the procedure after i had paid and was given meds . the consultant told me i was having a simple h/t not a flap surgery so it didn't really apply to me. then they hide behind it.I would not even try to deal with a quack having had the misfortune to have been harmed by one. just file with the medical board asap and the better business bureau. I am also compiling a report and documentation to my states attourny general. anybody else know of any other recourse?

[kazgorat]

My first step would be to consult with an attorney. Don't be fooled that this "consent" form allows a doctor to perform shoddy work and then hide behind it by saying you said it was ok. A consent form WILL NOT excuse a doctor from malpractice or gross negligence. I don't know all of your details, nor have I seen your condition first hand, but if they really butchered you up that bad, my guess is that you probably have a case...consent form or not. Most of these things get settled out of court anyway, but they won't even acknowledge you until they see that legal action is imminent.

[arfy]

There is a lot of information on the web about suing your doctor or clinic, you just have to look around. Do searches on topics like "quacks", "medical malpractice lawsuit" etc. Don't limit your search to only lawsuits against hair transplant doctors

 

The consent form you signed doesn't let the clinic off the hook for bad behavior. It doesn't give the clinic permission to break the law, or mislead you, or fall short on their promises. And if you see the legal consent form for the first time on the day of your surgery, it may even be considered worthless in court. Nobody can be expected to actually study and understand a legal document only a few minutes before an operation, unless you are undergoing emergency surgery. So the legal waiver you signed might actually be worthless.

 

It might be hard to sue for malpractice, if your complaint is only that you got an average or generic looking result. You need more than "I wish I picked a better doctor" to file a lawsuit. If you have problem donor scarring, for example, that would be a different story. Most clinics don't seem to tell the "whole truth" during your consultation, they just tell you the pros and leave the cons out. That is not obtaining "informed consent" for surgery, if you were not really informed of possible complications. I read that one out of every fifty patients will have an unacceptable donor scar with strip surgery, no matter how perfect the surgery goes. That is lot of guys who will have a problem donor scar. Unless your clinic told you that this was a possibility (and not just signing a consent form, but telling you about the one-in-fifty odds) you may have a case, and should discuss this with a lawyer.

 

There are other angles to pursue with a lawsuit. For example, illegal sales tactics. It is a common practice to have a salesman ("consultant") examine you, and suggest a number of grafts. In some cases they prescribe a number of grafts or a number of surgeries. Sometimes they schedule your surgery without you even meeting the doctor first. All of these things are illegal. It's called the practice of medicine by a non-physician. Your consultant is just a salesman, he has no medical training, and he has no business examining you or making a diagnosis. All the consultant is legally allowed to do is show you pictures of patients, explain what a transplant is, and that type of thing. Not play doctor. But it is common for these salesmen to break the law.

 

Then there is the issue of false claims, false advertising, etc. The TV commercial for Bosley shows individual hairs "magically" flying one-by-one from the back of the head to the front, where it forms a dense bushy full head of hair. (I'm talking about a slick 3D animation here). Obviously that is not how hair transplants work, and Bosley is misrepresenting the surgery. Unless Bosley has been doing FUE, hairs do not get moved one by one... instead, there is a donor strip that gets surgically excised with a scalpel, the donor strip is divided up, the resulting gap is sutured together, etc. It's actual surgery. The only reason to portray this fake version of how hair transplants work is to fool people and create phony impressions about how hair transplants work. This is just one example of false advertising, and you need to think about what you were told by the clinic. Save every booklet, brochure, letter, for your legal files.

 

A lot of times, the clinic tells an unsatisfied patient that the dissatisfaction is based on the patient having "unrealistic expectations". However, it is the responsibility of the clinic, to make sure that the patient has realistic expectations! If the patient has unrealistic expectations, that means the clinic failed to perform it's duties in fully explaining the possible complications, the limitations, etc. Ask your doctor to put any grand claims down in writing, before going ahead with surgery. Does your doctor claim that he "doesn't have any dissatisfied patients", or does he claim that shock loss isn't a risk for you, or that your donor scar will be pencil thin? Ask him to put it in writing.

 

Remember that the statute of limitations for malpractice lawsuits is short... only one or two years before it expires, depending on the state you live in. In some states, the clock starts from the time you actually discovered the problem, not the date of surgery. Look around for a good "med-mal" attorney, or someone who knows about medical fraud, and see what kind of case you have. Here's a directory of med-mal attorneys, this is just one list, there are other such lists on the internet:

http://www.medmallawyershop.com/

 

Here's a FAQ page for basic info on medical malpractice lawsuits (frequently asked questions):

http://www.medmalusa.us/general.htm

 

Lawsuits are probably the most effective way to get some satisfaction over a bad hair transplant experience. You can (and probably should) complain to the state medical board, but don't expect too much... the board is made up of other doctors. They will tend to sympathize and align themselves with the clinic. However, I think it is good to have a complaint on file, even if it goes nowhere.

How to Complain to your State Medical Board

 

The suggestion to show up at your clinic is a good one. I have heard some of the all-time worst doctors brag that they have never had patients complain. By all means, schedule a follow-up consultation, and give your doctor an ear-full. Don't let your doctor pretend he had no idea you are unhappy. If you think a full refund is warranted, that would be a good time to request it. Make your dissatisfaction known, up close and personal.

 

It is very possible that your doctor will dismiss your complaints ("I think you look great!") and will give you the brush-off. It is next to impossible to get a doctor to admit he made a mistake. And if your dissatisfaction is with a clinic's salesman, you can bet that your problem is a result of the clinic's total lack of regard for your well-being, instead of an "honest mistake". Some clinics run their business like a con game, and they know exactly what they are doing.

 

Maybe you should discuss your concerns with the guys who are in the waiting room, or as people enter the building. If you missed your statute of limitations deadline, there are other options. Be creative. Maybe make a website that details your experience. It is important for guys to hear about the success stories, but also the disappointments and ripoffs too.

 

As far as the Better Business Bureau, they do not handle medical disputes that involve an incompetetnt doctor or botched surgery. They only discuss billing disputes, as far as medical claims. So the BBB is a place to turn, if a clinic won't return your deposit on a surgery you cancelled.

 

You can also contact the attorney general and/or states attorney, and ask them to investigate, or even start a class-action lawsuit. I believe this is what is happening with Bosley... they are the subject of multiple class-action lawsuits, if I am not mistaken.

 

You can complain to the FTC, if there was deceptive advertising involved. The FTC deals with false advertising and that type of thing. The FTC actually threatened to audit the hair transplant industry in the mid-90s, but somehow the doctors fast-talked their way out of it. The point is that the FTC already knows there is illegal and unethical business practices in the hair transplant industry. So your complaint will not be a total surprise at the FTC:

FTC complaint form

 

Some guys might be nervous about leaving their name and phone number on a complaint form. If you don't put your name down, it may hurt your chances to be taken seriously. These people are bureucrats, they are not about violating your privacy. So don't be afraid to put down your real contact info, in case the agency wants to do some follow up.

 

In the case of the FTC, state's attorney, etc, these people know nothing about hair transplants, what an FU is, etc. Try to present your complaint in a clear and concise way. Don't use hostile language or insults, keep it professional.

 

Here's something interesting: Did your clinic show you nothing but great-looking photos, when you were at your consultation? In some states that might be considered an "implied guarantee" of success, because it led you to expect those same results for yourself. If you were led to expect excellence and didn't get what you were sold on, there might be the basis of a lawsuit there... They did not fulfill their implied guarantee.

 

Did you end up with a bad donor scar? If so, did your clinic warn you that one in every 50 guys will have a bad donor scar even if the surgery is done perfectly?

 

Obviously this is a topic that is near and dear to my heart. I am in the middle of researching the various options. If you are dissatisfied with your hair transplant, you can contact me at hairtransplantdisaster@hotmail.com

 

I am putting together a web site that discusses problems with hair transplants, false advertising, legal options for patients, and other issues. I would be like to hear from

-people who are dissatisfied with their hair transplant

-people who have taken legal action (or other action)

-anybody who has examples of false advertising by a hair transplant clinic. This could be from any year, recently or from the distant past.

 

Maybe you work at a hair transplant clinic, and you have internal memos or documents that discuss things like sales quotas, or other illegal or unethical practices. I would really like to hear from you, too.

 

Any correspondance is totally 100% confidential.

 

[This message was edited by arfy on December 10, 2003 at 05:08 AM.]