Lawsuit against bad surgeon

[nervous510]

Hi There,

 

I've had bad surgery, hairline being placed too low, incorrect density/direction, the surgeries took place when I was 21/22.

 

I'm turning 25 shortly, I've recently mustered up the courage to chat to a lawyer, he suggests that due to the sensitivity of the issue I can request this case not be held in an open court. Also that some lawyers (within the medical mispractice world) would settle for a percentage of the case winnings instead of an upfront payment.

 

As long as other professionals in the same field can back me up stating the work was not great, I have a good shot. He should at least reimburse me/pay for repair surgery/fraxel/laser hair removal/therapy/flights and accommodation for me to travel and meet other patients and doctor's to confirm their results in person as well as the loss of income i'll incur while travelling, he also needs to pay heftily for the psychological damage caused and the wasted grafts (those are absolutely priceless) .

 

I'd appreciate your feedback on this, am i expecting too much/too little? has anyone been through this before? what is your experience?

 

Regards,

Mr510

[gillenator]

nervous510,

 

Very sorry to hear of your case and experience from your procedures. Yes, it is very difficult to deal with this situation and wish you the best outcome.

 

Don't take this wrong but as we all know, there is always two sides to every coin and so pics would help and of course hearing the doctor's side of the case as well.

 

As an independent patient advocate, I have heard from countless patients who have been dissatisfied over the years. Depending on the circumstances of your case, as well as separating the facts from the presumptions, this will be no easy task for you as I'm sure that you may already be finding out.

 

Most of the cases that I hear from were clearly a case of bad work, some even criminal, with deception, etc, etc. Yet some were cases where the doctor was reputable with a long term practice and track record with many happy and satisfied patients. Sometimes the procedure does not turn out well for other reasons beyond the doctor's control. I am not saying this was your case, my point is to always get both sides and then weed through everything to separate facts from presumptions.

 

Where you need to start is to go through your copies of the surgery paperwork that you signed before the procedure and/or on the day of the procedure. Most physicians use a disclaimer that does not guarantee the end results and also releases them from suit should the patient be dissatisfied. This document is the most critical piece to start with.

 

In addition, over the years I have discovered that establishing and proving the work is substandard or most importantly, "malicious" is the most difficult thing. The courts usually do not care about being unhappy or substandard work. They are wanting to know and you have the burden to prove that you were "harmed", not that you are unhappy with the results of the procedure.

 

The other problem is that there are no basis established for what is acceptable within the field and what is not. The field is unregulated. Most of the docs know each other and are members within their prospective professional societies and medical associations and quite frankly are reluctant to give any testimony against their friends and colleagues.

 

Am I saying this to discourage you? No. But what I am saying is to consult with someone like myself who has been down this road umpteen times for over three decades to know what to do and what not to do. Otherwise it can wear you out. Forget about the attorneys for now. Feel free to phone me and I can provide some free information, not legal advice. Then, you can always seek a lawyer once you know how to guide them. I do not know of even one attorney who has the experience and success in suing a HT physician with a resulting judgment.

 

The reality of everything is to mediate with your doctor. If they know you are trying to sue them, they will shut up like a clam and you'll have a fight on your hands. Assertiveness with mediation tends to work better than aggressiveness with a law suit.

 

Also, and please don't take this wrong, I have dealt with some individuals who scream and yell from the get-go. They blame everyone but themselves and it ends up getting them nowhere. So the first lesson to learn is patience with perseverance. Then, some of them will try and put some of the blame on me because they are not hearing what they want to hear or they just plain are not amiable to working towards a solution.

 

The bottom line is that you are not happy nor satisfied and the issue should become, "What can be done to resolve your dilemma?"

 

You would be surprised what can be done without actually suing the other party and bringing both sides to mediation with a constructive end result...

 

Everything being said, again, I wish you the very best nervous 510 in getting some resolve. I just hate reading these threads when someone's life has been greatly impacted from greedy and incompetent medical professionals within this field of HT surgery and in medicine in general.

 

This is why I went into being an independent patient advocate over 10 years ago when I quit working for clinics. I don't sell anything, don't make any commissions, I just help those who suffer from hair loss and are trying to get their lives back on track.

 

Thank goodness there are many professional competent and ethical HT surgeons who do great work, care about their patients, and want to see people improve their lives including the five who endorse/support me in this field.

 

Lastly, I am not an attorney, do not give legal nor medical advice, and do not have endless hours of time to spend writing emails on situations like these. So again, if you would like to call me, I'll leave that open to you.

 

Best wishes to you...

[StaggerLee123]

Really sorry to hear about your situation. It is very difficult to sue a hair-transplant surgeon. You sign away many of your rights to sue in the pre-op paper work and unless the doc was drunk or high during surgery it is not going to go well. The chances of you getting other doctors to testify against another surgeon is very unlikely at best. There have been a few cases on this board where unsatisfied patients have tried to pursue civil actions against surgeons and they all have gotten shut down. Most recently there was a big to-due about one of Dr. Umar's patients and the thread explaining the situation was locked after many weeks of back and forth accusations, which by the way was probably the right thing to do by the moderators as it was really just going around in circles...you can still look it up if interested. That patient basically gave up because he was threatened with legal action and that gets expensive very quickly. You could probably get a personal injury lawyer to take your case as many of them will take just about any case, but I would imagine after looking into it further they would not spend all that much time on it.

 

Sorry I can't be more encouraging for you but that is the reality of the situation as I see it. Do you have any pictures to post? Was it a recommended surgeon? Maybe it isn't as bad as you think it is and you can get some suggestions on how to move forward. Your situation also underscores how important it is to deal with reputable Docs who stand behind their work and if a bad result happens are willing to make it right.

[GreatPelo]

nervous510,

 

I'm sorry to hear about your bad experience. Unfortunately, way too many patients go through this. I think you have a few options:

 

1. Count your losses and move on. If you have to hire an attorney and spend more time and money, you might be digging yourself in a deeper hole. Instead, invest that money with a great surgeon to repair/improve your results.

 

2. Take the doctor to small claims court. I believe the maximum you can get reimbursed, IF you win the case, is $5000. You will have to build your own case, which takes time...but it's still an option if you're willing to do the work. The doctor might even settle out of court considering the time he'll have to invest in going to court, etc....so this might be a viable option for you.

 

3. If you fail to win with the above options, you always have the right to share your story as long as you don't personally attack the doctor. This might be the best option, considering the chances of being reimbursed any money is minimum. At least sharing your story will protect others from the doctor who wronged you.

 

Best of luck!