Post: New precedent in medical malpractice claims ?

Posted by john36 on 11/12/08

I say most Hair Transplant Surgeons brake the law and
violate patients rights ALL THE TIME EVERY TIME they
perform HT surgery.
It is assertion pertaining to the VAST majority of HT
(hair transplant) surgeons. In fact I don't know of any HT
surgeon who does not exercise habitual practices
prohibited by law as I will describe in my post.
I am 35 years old male and I live in OH.HT surgeon, his
name is Paul Weiss performed hair transplant surgery on me
on the 06/28/07.I suffered injuries and disfigurement that
caused me depression, emotional and physical pain and
humiliating appearance. Those injuries are caused because
surgeons reckless conduct and deliberate violation of OH
Laws.
You can read the full story here
http://hair-restoration-
info.com/eve/forums/a/tpc/f/2566060861/m/5981000204
http://hair-restoration-
info.com/eve/forums/a/tpc/f/7466060861/m/2261058104 posted
on hair transplant network.com.
That site is apparently the most respected of its kind,
where the USA TOP Hair Transplant surgeons comment on
topics and regullary post them selves.

I became a member (my screen name there is john36)and
presented my horror HT story to that community, with
pictures,dates,names,description of facts ,events and said
that I can prove everything that I claim.

I posted a question to the HT surgeons, that I vas a
victim of butchered HT surgery and seek answer to the
questions that I list bellow so I can intelligently decide
whom of them to choose.
The questions were very justifiable and reasonable. I
asked them do they respect patient rights or they also
break the laws and violate patient rights. I did not want
to be abused again. These are the questions:
Dear HT surgeons

1.How many of you personally evaluate the patient
sufficiently so you could formulate an appropriate pre-
operative diagnosis, and how many of you use "consultant"
non medical person to do it for you? In addition and
related to this how many of you explain pros and cons of
HT surgery so patient intelligently can decide about his
options (informed consent) and how many of you give that
to the "consultant" as well?
2. How many of you perform or personally supervise all
aspects of the surgery? Including placement of the grafts
in the receptor sites? And how many of you carve the
patient, take the strip, suture the wound, make incisions
(holes) in patient head and then leave the surgical room
and patient and leave the rest to the "surgical
technicians”? Do you have in other words, aspects of the
surgery outside of your supervision performed or
supervised by another qualified surgeon with the consent
of the patient?
3. How many of you fail to personally perform post-
operative medical care? How many of you delegate post-
operative medical care to a non-qualified medical
professional or to a non medical professional at all?
4. Do you recklessly delegate medical tasks in violation
of the Administrative Codes in your states?
5.Does any of you negligently and recklessly delegate the
tasks of selecting the donor site to harvest the hair
follicles for transplant in the preceptor site by letting
the "surgical technicians” choose the location of the same
by shaving and preparing patient just before surgery?
6.Do you and how many of you negligently and recklessly
and ILLEGALY delegate the tasks of administering
anesthesia to patient to persons not qualified under your
state law? (everywhere in USA it is a law only DOCTOR can
administer anesthesia)
7. How many of you negligently and recklessly delegate the
tasks of preparing the donor grafts, and insertion of the
donor grafts into the surgically prepared receptor
sites ,with your supervision ,to your "surgical
technicians”? How many of you negligently and recklessly
delegate the tasks of preparing the donor grafts, and
insertion of the donor grafts into the surgically prepared
receptor sites ,WITHOUT your supervision ,to
your "surgical technicians” while you chill outside the
surgical room for hours? In violation of your
administrative laws of your state
8. How many of you have never seen the patient until just
before surgery and therefore Lack Informed Consent in
Violation of the Law in your state?
9. How many of you have "surgical technicians" engaged in
the practice of medicine and surgery without the
appropriate certificate from the State Medical Board in
your state, in violation of the law in your state?

I immediately was attacked from the forum members for
daring to ask what I asked. Some directly and with
insults, some with implied warnings, some
with "empathetic" advice that I need to change my
atitude,my focus etc.Tons of feed back that I should not
attack the whole HT "Industry”, that there is very ethical
doctors and infact the doctors that are ethical are
recommended by that web network

I am now to the point that I am openly warned they will
ban me from the site if I dare speak and reveal the truth,
hoping to warn other people not to become pray and abused
like me.
.
However NOT EVEN ONE doctor,HT surgeon there, or "member"
said "No we don't brake those laws, of course we don’t,
such conducts are illegal”. No one.Here is the list of the
doctors recommended by the network:
"This is our full list of the best hair transplant
surgeons. (Our selection criteria)"

Dr. Scott Alexander Arizona USA Coalition Member
Dr. Bernardino Arocha Texas USA
Dr. Alfonso Barrera Texas USA
Dr. Michael Beehner New York USA
Dr. Robert M. Bernstein New York USA Coalition Member
Dr. Timothy Carman California USA
Dr. Glenn Charles Florida USA Coalition Member
Dr. Ivan Cohen Connecticut USA
Dr. Jerry Cooley North Carolina USA Coalition Member
Dr. Robert Dorin New York USA Coalition Member
Dr. Jeffrey Epstein Florida USA Coalition Member
Dr. Herbert Feinberg New Jersey USA
Dr. Alan Feller New York USA Coalition Member
Dr. Jack Fisher Tennessee USA
Dr. Steven Gabel Oregon USA Coalition Member
Dr. Christopher Gencheff Wisconsin USA
Dr. Edmond Griffin Georgia USA Coalition Member
Dr. Robert Haber Ohio USA Coalition Member
Dr. Jim Harris Colorado USA
Dr. Sheldon S. Kabaker California USA
Dr. Sharon Keene Arizona USA Coalition Member
Dr. Richard S. Keller Illanois USA
Dr. Raymond Konior Illinois USA Coalition Member
Dr. Bradley Limmer Texas USA Coalition Member
Dr. William Lindsey Virginia USA
Dr. Ricardo Mejia Florida USA
Dr. Michael Meshkin California USA
Dr. Bernard Nusbaum Florida USA Coalition Member
Dr. William Parsley Kentucky USA
Dr. Vito Quatela New York USA
Dr. Bill Rassman California USA Coalition Member
Dr. Bill Reed California USA Coalition Member
Dr. Paul Rose Florida USA Coalition Member
Dr. Brandon Ross California USA
Dr. Lawrence Samuels Missouri USA
Dr. Ron Shapiro Minnesota USA Coalition Member
Dr. Paul Shapiro Minnesota USA Coalition Member
Dr. Ken Siporin California USA
Dr. Martin Tessler Michigan USA Coalition Member
Dr. Robert True New York USA Coalition Member
Dr. James E. Vogel Maryland USA Coalition Member
South America Coalition Member
Dr. Jean Devroye Belguim Europe Coalition Member
Dr. Bessam Farjo United Kingdom Europe Coalition Member
Dr. Nilofer Farjo United Kingdom Europe Coalition Member
Dr. Bijan Feriduni Belgium Europe Coalition Member
Dr. Melike Külahçi Turkey Europe
Dr. John Gillespie Alberta Canada
Dr. Victor Hasson British Columbia Canada Coalition Member
Dr. Thomas Nakatsui Alberta Canada Coalition Member
Dr. H. Rahal Ontario Canada Coalition Member
Dr. Marla Rosenberg Ontario Canada
Dr. Jerry Wong British Columbia Canada Coalition Member
Dr. Humayun Mohmand Pakistan Asia
Dr. Damkerng Pathomvanich Thailand Asia "

You may ask your self why is that and read this bellow so
you may get the idea.


This is what I wrote to that community asking the doctors
to respond and response was again silence

By nature I have always been trusting people first before
I don’t. I changed. I am rightfully upset at the HT "Club"
of surgeons. I will tell you why.
I understand, to protect them selves from people who are
out here to sue a doctor without merit ,doctors lobby, was
successful to push legislature that would shield them from
merit less law suits. The law makers and the doctors
community agreed to implement the instrument that law
requires the filing of an affidavit of merit in a civil
suit for medical negligence. In providing an affidavit of
merit, a doctor would not be attesting to the truth of the
factual events surrounding the surgery. Rather, he would
be stating that in his opinion, based upon taking an oral
history of the patient, examination of the patient, and
review of the patient's medical records, it is his opinion
within a reasonable degree of medical certainty that the
standard of care was breached.
That is fine. But it is before your eyes guys.I am telling
you the story, about everything, from the lack of informed
consent, the actual butchery, to the removal of the
sutures. Three prominent HT surgeons did not want to sign
an affidavit of merit although they like you know I was
abused big time. I did not ask them to testify and go to
courts. I asked them to examine me and tell me in writing
their opinion within a reasonable degree of medical
certainty that the standard of care was breached. Not to
say definately,yes it was breached, but according what we
see in patient and his med records med negligence might
very well had occured.No one wants to do that.
Now look they had their shield for merit less law suits
for their protection implemented in the law system. But
that also gave them duty that in case ,like mine is, they
need to be ethical and tell the truth, so the patient can
seek relief against the doctor that breached the
standard.HT surgeons now abuse that right and do not give
an affidavit of merit although they know, like you know, I
was abused big time. Now that realy drives me crazy. I
should not hold Weiss accountable so he can do it again
and again and again to other people?
NO.I say no. I say HT surgeons, I know you visit this web
site, raise your voice and stand behind what you claim,
that not all HT doctors are corrupt."
Silence........

I wrote this:
If one read my previous post one would notice that
described conducts (by commission and omission) are
violations of certain laws (either administrative laws of
medical boards or the Law codes of the states).Now that
premise considered I will try to argue, what was never
argued before. In most medical malpractice Law suits
plaintiff needs a doctor to state in writing that in that
doctors opinion his colleague breached the standard of
care. That is necessary (in most cases) element to FILE
claim for med malpractice. Most doctors in the
HT "industry" unfortunately brake all those things that I
mentioned in my previous post, although illegal, they do
brake them. So when one, like for example me, goes to
other HT doctors and tells them the story, no HT doctor
wants to sign affidavit of merit (because I assume such
conducts are epidemic in the HT industry).Thus, grieved
patient, can not even start the law suit, because does not
have the element of affidavit of merit from another doctor
that the standard of care was breached. That is why there
is NOT MANY LAW SUITS AGAINST HT DOCTORS, they protect
each other by the simple fact that it is almost impossible
to find HT doctor willing to testify against another. That
has been exceedingly successful shield they have against
law suits.However,I will try to argue something that never
was argued before. Like I said in most cases expert is
needed to testify in Med malpractice case. But not all
cases. it is well-settled with the Courts that expert
testimony is required only when the asserted negligence
does not lie within the jury's comprehension as a matter
of common knowledge, when the applicable standard of care
is not a matter of common knowledge, and when the jury
must have the assistance of experts to decide the issue of
negligence.Robson v. Tinnin, 322 Ark. 605, 911 S.W.2d246
(1995) (citing Prater v. St. Paul Ins. Co., 293 Ark. 547,
739S.W.2d 676 (1987)). To emphasize that expert testimony
is notrequired in every medical-malpractice case per se,
we repeat astatement from Graham v. Sisco, 248 Ark. 6, 449
S.W.2d 949 (1970),that was quoted in Davis v. Kemp, 252
Ark. 925, 481 S.W.2d 712(1972):The necessity for the
introduction of expert medical testimony in malpractice
cases was exhaustively considered in Lanier v. Trammell,
207 Ark. 372, 180 S.W.2d 818 (1944). There we held that
expert testimony is not required when the asserted
negligence lies within the comprehension of a jury of
laymen, such as a surgeon's failure to sterilize his
instruments or to remove a sponge from the incision before
closing it. On the other hand, when the applicable
standard of care is not a matter of common knowledge the
jury must have the assistance of expert witnesses in
coming to a conclusion upon the issue of negligence.Id. at
926, 481 S.W.2d 712-13. This court has consistently
appliedthis rule of law from the landmark case of Lanier
to cases arisingunder the Arkansas Medical Malpractice
Act. See, e.g., Robson, 322Ark. 605, 911 S.W.2d 246. In
other words, why need an expert when it is obvious that
negligence or recklessness or even intend to purposely
disfigure is obvious to a common guy" That doctrine in the
law is called res ipsa loquitur ...Now, The one who sue
(plaintiff) has to show to the court, without any expert
that1) That the instrumentality causing the injury was, at
the time of the injury, or at the time of the creation of
the condition causing the injury, under the exclusive
management and control of the defendant; "(2) that the
injury occurred under such circumstances that in the
ordinary course of events it would not have occurred if
ordinary care had been observed." Like I said HT surgeons
will never say that another HT breached the standard
because most of them do the same thing. But I ask this,
Surgical facilities (not licensed),surgical staff and
their competence as surgeons team (not licensed to
administer anesthesia and select where doctor will carve
patient, donor site),pre-medical consultation and
explanation of pros and cons of surgery (done by
consultant),Pre med diagnosis (for example, blood work not
done),Actual carving and suturing donor site being only
action done on patient by the surgeon and all other
aspects of the surgery delegated to "surgical technicians"
(non qualified licensed),postoperative treatment of wound
infection via telephone (because most of the time patients
and doctors are milles away)are all instrumentality in
exclusive control of the Surgeon. The surgeon has the
control, but he chose to abandon the control, and leave
the pre operative diagnosis, actual surgery,post operative
care to be performed not by him directly, not even with
his supervision (how it is done).He makes that choice
unilaterally (without patients consent) and illegally,
abandoning patient in middle of surgery. So I disagree
that "those facts are exceedingly difficult to
satisfy/prove and one needs another HT surgeon to testify
that the standard was breached”. The surgeons have
control, they (some of them or most of them as you please)
chose not to have control and surgeon had control not to
choose to delegate his control,illegally.The second
requirement ,The second argument that "that the injury
occurred under such circumstances that in the ordinary
course of events it would not have occurred if ordinary
care had been observed." I would argue that if HT surgeon
told patient pros and cons of surgery as he should have,
patient might not undergo it, that if patient knew he, the
surgeon, would not perform the surgery him self patient
might have decided , should have not agreed to, under go
it, If he would have chosen, because it was in his control
to choose it, and it was his duty to choose it, the donor
site incision, he would have chosen it in higher or lower
position on patients head because of reasons that HT
surgeons know where location should be and risks of
significant scaring occurring if not positioned properly.
If surgeon had performed, or at least supervised the
performance of placing the grafts in the receptors
sites ,the injury, the adverse outcome would not have
occurred because HT surgeons know and should know how
those grafts are placed properly in order to appear
natural when they grow, in the direction of how hair grows
naturally as advertised by them. Had surgeon been there he
would know did the "surgical technicians" place all the
grafts, or maybe only 1000 or maybe only 200.Had he ,
(surgeon) provided qualified person to dig in the
postoperative wound on the donors site, to try to
recognize and find absorbable sutures, with scissors, it
would not for example (mine example)be done by hairdresser
lady who did not have clue what those are,digged with
scissors 40 minutes and caused me extreme pain and
possibly worsening the scar. No all that would not have
occurred if ordinary care had been observed.

I don't understand why is that so difficult to see. Why is
difficult to see that I disagree that medical expert needs
to say that all of the above must not have happened, and
adverse effects and injury would not have happened had the
control HT surgeons had and by law must have ,chose to
abandon having the control, to unilateraly,and illegaly
make that choice.Ignorantia legis non excusat -- ignorance
of the law does not excuse. The degree of skill and
learning ordinarily possessed and used by any members of
the medical profession ,engaged in the same (or any) type
of medical practice or specialty in the locality (or
anywhere in USA)in which he practices or in a similar
locality; first and most, makes them aware (that skill and
learning does),that like every other member of the
community, every citizen, by provisions of the law,
delimits certain actions that he can or must (physicians )
do by commission or omission.Physicians,like everyone else
must obey the law .This is the definition of acceptable
standard of care : The degree of skill and learning
ordinarily possessed and used by members of the profession
of the medical care provider in good standing, engaged in
the same type of practice or specialty in the locality in
which he practices or in a similar locality; So far this
definition was interpreted by the lawyers that doctors
only determine The degree of skill and learning.

I disagree. While I agree that The degree of skill and
learning ordinarily possessed and used by the doctors is
determined statistically(how the majority does it) law
provisions delimit certain actions used by doctors (even
though if it happens that majority of them does it) as
ILLEGAL! The Law provisions forbidding certain conduct,
have supremacy over the Certain forbidden conducts and
make them VOID to be considered any kind of care. They
can't be care, they are illegal. No one ever argued the
obvious - that violations of the things that I state above
automatically(without the need of expert)makes those
violations medical negligence. If any of this elements
exist med negligence should be presumed! And the burden
should be shifted to defendant to prove how the law which
delimited certain actions forbidden because are considered
dangerous for patient, can be in his case considered
acceptable care. This argument if prevails gives a chance
for future plaintiffs can by-pass the shield made by the
doctors lobby which simplified is" if you wanna sue us one
of us has to tell on the other he he he ...good lluck.

Silence...........

Now I decided to write this:

If you are an Attorney, and read this post ,In
particular ,my argument that ,if prima facie evidence
exists that violations of law provisions that I state
there (look),conducts of doctors that are considered
illegal, must presume Med malpractice occurred and burden
of proof (now they need expert) shifts to the doctor to
prove how the violated laws, prohibited conducts, that the
legislator found them dangerous to practice, can ,in the
case of the defendant be considered acceptable standard of
care. They are illegal. Illegal actions are forbidden to
be standard.300 million people in USA and ton of lawyers
don't see what I do?
Yes Res ipsa loquitur is what I meant. And I am asking
the attorneys to consider this argument in applying that
doctrine across the board in EVERY malpractice civil suit,
not just my type.

1.
In most medical malpractice Law suits plaintiff needs a
doctor to state in writing that in that doctors opinion
his colleague breached the standard of care. That is
necessary (in most cases) element to FILE claim for med
malpractice. It is called affidavit of merit.
2.
The legislator in all 50 states sanctioned certain
conducts of physicians as illegal. I will give few
examples :
a)Doctor recklessly delegating medical tasks to non
medical personnel in violation of the state laws.
b)Abandoning patient in middle of surgery (for example
leaving patient alone with technicians.
c)Doctor recklessly delegating admineristering anesthesia
to patient to individual other than doctor etc etc

This kind of illegal conducts are epidemic in the field of
Cosmetic surgery, especially in the field of Hair
Transplant surgery. Happens all the time.

Now for Res Ipsa loquitur to be applied Plaintiff has to
prove that
1) That the instrumentality causing the injury was, at the
time of the injury, or at the time of the creation of the
condition causing the injury, under the exclusive
management and control of the defendant;

I argue that EVERY time when doctor violates the law as I
described above (and remember this happens in HT surgery
regullary,do research and you will find that what I say is
true)fulfils this requirement of the doctrine. All
instrumentality in exclusive control of doctor (example
surgeon)he chose to abandon,ILLEGALY ,making that choice
unilaterally (without patient consent)(and for example
leave the pre operative diagnosis, actual surgery, post
operative care to be performed not by him directly, not
even with his supervision how it is done is ALWAYS
satisfying this first requirement of res ipsa .He
illegally, abandoned patient in middle of surgery. He had
control, he chose not to have control and he had control
not to choose to delegate his control,illegally.Everything
that happens to that patient in that surgical room, any
injury or adverse outcome, when doctor illegally is
absent, is in the doctors control.
2) The second element is
"that the injury occurred under such circumstances that in
the ordinary course of events it would not have occurred
if ordinary care had been observed."

My argument to Always satisfy this requirement is, this
when surgeon brakes the law, does illegal,forbiden conduct
such as: abandoning patient, leaving him alone with the
technicians and unsupervised (which I repeat is epidemic
in HT surgeries)MUST be presumed that ordinary care was
not given (standard of care was breached).Must be presumed
because the legislator sanctioned such conducts as
forbidden BECAUSE they pose danger to harm patient and are
considered violations of patient's rights. They are
illegal therefore they are illegal to be considered
(standard, ordinary...)care.

If one visits my posts
here:
http://hair-restoration-
info.com/eve/forums/a/tpc/f/7466060861/m/2261058104

here:
http://hair-restoration-
info.com/eve/forums/a/tpc/f/2566060861/m/5981000204

here:
http://hair-restoration-
info.com/eve/forums/a/tpc/f/3466060861/m/7131061204

One would notice how far in becoming lawless the field of
elective surgery had become.

On the third link I dialog with one of the most respected
HT surgeons in the world. Dr.Robert Haber He claims what
he claims there,care!!check it out.This people had become
arrogant business man, the untouchables.

This can be hudge BREAKTHROUGH in The pursuit of justice
for hundreds of thousands of butchered victims handled by
this "busines".If it becomes successful precedent in Case
law

For the Lawyers it is the new ELDORADO


Go to the web site and see your self.
I know that many of you will say, you vere
vain,selfish,went and choose elective surgery, instead
being graceful and gracefully grow older and balder. And
you are right.I don't deserve sympathy. And I don't do
this for that. I do it with hope that people will better
understand and prevent them selves to do the same mistake
as I did. It costs me great humility and shame. It is hard
to admit one of the biggest mistakes of my life was done
because of vanity.

I do it so someone with power will do something to stop
the entirely lawless as they call it Industry” that like
predator lurks for pray of inocent,under the cover of the
noble profession of physician.

Sorry about spelling mistakes English is not my original
language.

Posts on this thread, including this one

New precedent in medical malpractice claims ?, 11/12/08, by john36.

Re: New precedent in medical malpractice claims ?, 11/12/08, by Curmudgeon.

Re: New precedent in medical malpractice claims ?, 11/13/08, by Carol.

Re: New precedent in medical malpractice claims ?, 3/15/09, by Irma.