Posts Tagged law suit
Surgeon Sued Over Hollywood Boob Job
Posted by admin in Plastic Surgery legal, plastic surgery news on July 18, 2012
Plastic surgeons argue as to the best ways to please their clients. Sometimes a client’s request can lead into dangerous territory. Then the surgeon may get sued. That happened in nearby Canada:
The diminutive Filipina woman speaks little English but managed to say her wish was “to look Hollywood.” In the end, she looks neither “Hollywood” nor “porn star.”
After $17,000 in surgery, Susan Tiglao left a Brampton, Ont., doctor’s office with breasts so big on her tiny frame she is in constant pain. They are lopsided, scarred and bereft of sensitivity. Her nipples face different directions. Her tummy tuck went similarly awry; instead of a three inch C-section scar that she wished to hide, she now has a hip-to-hip horizontal scar above her bikini line.
An Ontario Superior Court judge has ruled there was a profound disconnect between the doctor and his patient, awarding her and her husband $155,600 in damages.
Source: news.nationalpost.com/2012/07/13/cosmetic-surgeon-on-the-
hook-for-155k-after-misinterpreting-request-giving-woman-
huge-lopsided-breasts/
Part of this looks like misunderstanding, but part of it is likely a consequence of going too large on the implants. We have talked about this before. No one comes in asking to look lopsided or misshapen or have constant pain. Implants larger than a woman’s tissues will support have a much greater chance of ending up there though.
The long tummy tuck scar was likely needed to correct the patient’s pre-operative deformity. This is a matter of disclosure as much as performance. Why it was made higher than desired is another point. I tell patients they will have a long scar then I work to make it look like less of a problem. Not all surgeons are able to do this in all patients. It is statistical.
The bottom line on this is, as always, that improvements can be made but there is a point at which more extreme is much more dangerous. Quality surgeons (my opinion of course) stay away from that line.
I am not sure how large this woman went on her implants, but staged implant operations can more safely stretch what cannot be stretched in one. Good plastic surgery is judgment and skill. These are two things for which people pay but do not always receive.
On the other hand, some patients decline the advice of the quality surgeon and keep searching until they find a doctor willing to give them what they think they want. When they end up in plastic surgery hell, it is their own fault as much as it is their more liberal doctor’s. Caveat Emptor.
Best Regards,
John Di Saia MD
Dennis Quaid Sues Baxter Healthcare
Posted by admin in Medicine in the News on October 25, 2011
Source: tmz.com/2007/12/04/dennis-quaid-sues-drug-company
Dennis Quaid has apparently decided to sue Baxter over the Heparin mishap that affected his newborns. This is a waste of the legal system’s time. Those vials (seen at TMZ) are substantially different relative to others in medicine. Human error is human error. This is tragic, but true Mr Quaid.
Mistakes just sometimes happen with out a multi-million dollar company being at fault. I guess he wants a spin at the legal lottery. Doesn’t he have enough money?
Best Regards,
John Di Saia MD
Originally posted 2007-12-06 08:10:00.
I Need To Take Some Vioxx – $253 Million!
Posted by admin in Medicine in the News on September 16, 2011
OK Opinion Time
For God’s sake, soon there will be no drugs in this country! A brain dead Texas jury awarded $253 Million to a widow after her husband died supposedly related to Vioxx. Watch the lawyer feeding frenzy begin….
There is no rhyme or reason to jury awards in this country. I would love to see the accounting that resulted in such a ridiculous figure. It will supposedly be knocked down because of limitations upon punitive awards in Texas (to 26.1 Million). This is still too much! We need tort reform…..
Then again maybe I just need to take some Vioxx and my family can cash in!
OK, I am disgusted!
Best Regards,
John Di Saia MD
Originally posted 2005-08-19 18:37:00.
Reader Laura on PIP Implant Lawsuits
Posted by admin in plastic surgery news on August 5, 2011
Reader Comment:
“What do you think the future of these patients will be? Will they be able to get saline implants now and/or reconstructive surgery? What health risks are there with the silicone still being in their body? Will they have to have multiple surgeries to remove all of the silicone?”
A children’s nanny whose breast implants split is one of more than 165 women preparing legal action against the French company that made them. Sarah Neale, 29, spent more than £4,400 seven years ago having her breasts enlarged from a 32B cup to a 32DD. But, two years ago, she was horrified when she found that gel had seeped out, leaving silicone lumps in nearby tissue.
Source: dailymail.co.uk/health/article-1325948/Nanny-sues-French-company-breast-implants-split.html
All silicone gel implants leak to an extent. The Poly Implant Prothese (or PIP) implants have been found to leak more and reportedly contain a poor grade silicone. Silicone leakage within the body can cause problems requiring surgery to remove scar, calcium and gel remnants. It is usually not possible to remove all the gel and reactive change, but most can usually be removed. Few women will require multiple operations and more involved reconstruction. Some will have some residual deformity depending upon how little healthy tissue they have left when the implants and scar are taken out. It is debatable as to what may be the effects of the silicone that remains in the body. This also varies.
Interesting in the PIP implant debacle is the fact that these implants were the cheapest and therefore were widely used for a time. The difference in cost for the saline PIP implants that used to be marketed here in the US was very small compared to their US made counterparts. I used a few pairs years ago and stopped even before they were removed from the US market. I didn’t think it was worth the risk.
Best Regards,
John Di Saia MD
Originally posted 2010-11-30 07:30:27.
Plastic Surgeon Sues Yelpers?
Posted by admin in plastic surgery news on August 18, 2010
Kimberly Henry is suing reviewers on Yelp and DoctorScorecard after some grisly anonymous reviews of botched plastic surgery procedures. Another business owner is angry at online reviews posted to Yelp, and is taking them to court. Dr. Kimberly Henry, MD, who has a plastic surgery practice based in Marin County, is seeking $2 million or more in damages for libel and defamation against 12 posters of online reviews, most of whom are anonymous.
Source: www.nbcbayarea.com/news/tech/Marin-Plastic-Surgeon-Sues-Online-Reviewers-jw-98138864.html
Yelp is like other online review sites in which reviewers are allowed to say pretty much anything and are not identified. My only gripe with Yelp is that some of my reviewers have been filtered. I guess it is better than being bagged by the reviews. My Yelp impression is pretty good so far.
The plastic surgeon in this story is on the receiving end of not-so-great reviews. I am not sure she will win in court though. Our court system is such a die roll.
Best Regards,
John Di Saia MD
Breasts Too Small Lawsuit?
Posted by admin in plastic surgery news on June 25, 2010
Daily Record Story – link expired and removed
A case in New Jersey claims a plastic surgeon made a patient’s breasts too small in breast reduction “like a mastectomy.” I do not know many of the details here, but apparently the patient had wound complications. This could be a major contributing factor to a poor aesthetic outcome.
Then again Dr Richard Marfuggi has had two large malpractice settlements in the last year for $195,000 and $350,000. Just check the New Jersey Medical Board’s web site physician search.
There is no information as to whether she smoked or not.
Best Regards,
John Di Saia MD
Originally posted 2006-05-20 09:56:00.
Reader Laura on Botox Causes Botulism Law Suit
Posted by admin in plastic surgery news on June 3, 2010
Reader Laura’s Comment:
“Is this even possible? If so, how do you think she caught botulism?”
An Oklahoma jury Tuesday reached a $15 million negligent-damage verdict against the maker of Botox in the case of a 47-year-old woman who suffered years of pain after getting the wrinkle-smoothing injections.The suit was filed against Irvine-based Allergan by Dr. Sharla Helton, an obstetrician and gynecologist in Oklahoma who fell ill and eventually lost her job after getting the injections in 2006.
I doubt she developed Botulism. She may have had an unusual reaction to the protein. Botulinum toxin is a protein and people do develop antibody reactions to foreign proteins. Saying Botox caused pain is a real stretch. I have never seen this before.
Take into account that jury trials are crap shoots. The jury is usually made up of people who often have a hard time sorting out the truth instead reacting compassionately to a plaintiff in ruin.
Best Regards,
John Di Saia MD
Doctor Sues Allergan Over Botox
Posted by admin in plastic surgery news on April 21, 2010
The latest suit was filed by Dr. Sharla Helton, 47, an obstetrician and gynecologist in Oklahoma who fell ill and eventually lost her job after getting Botox injections in 2006 to smooth her wrinkles.
She blames Botox for weakness, shortness of breath, double vision, and years of continual pains in her arms, hands, and feet that began after her Botox shots.
It seems like there is a line to sue Allergan, the maker of Botox. This OB/GYN has developed some kind of neuromuscular disease and of course is blaming it on Botox. Allergan has lots of money and these suits will will likely continue.
Free Botox Defense: How many professional women of this age have not tried Botox? Where is the epidemic?
Best Regards,
John Di Saia MD
Reader Laura on Wrong Breast Implant Lawsuit
Posted by admin in Plastic Surgery legal, plastic surgery news on April 19, 2010
Reader Laura’s Comment:
An Ohio woman says her plastic surgeon gave her the wrong breast implants. She requested silicone and the Dr’s office only had saline. The patient also claims that she was kept under longer than she should have been while the Dr convinced her fiancee to agree to the change.
I don’t know about this one. The fact that the woman is asking for $300,000 dollars “to have the surgery corrected and for physical and emotional discomfort” leads me to believe that this is a nuisance suit. An implant exchange is not a big operation usually. Did she pay for silicone or saline implants?
Best Regards,
John Di Saia MD
Tracy Plastic Surgeon Sexual Battery Case
Posted by admin in plastic surgery news on February 25, 2010
A civil case filed by 37 patients of a Tracy plastic surgeon accused of sexual battery involving dozens of women has been settled in San Joaquin County Superior Court for $1.8 million.
When I read things like this I think: “Another reason for my malpractice insurance premium to rise.”
Risk as such is pooled by specialty by insurance companies and the way this story reads, this guy was a plastic surgeon. Why all in plastic surgery should be held accountable in any way for the acts of this crazy man is beyond me.
Best Regards,
John Di Saia MD




72 views
2 views
0 views
0 views