I AM NOT MY SIZE

Hey guys, a few months back I posted a message talking about how rude my gastric sleeve surgeon was to me. He told me I was a failure, there was nothing else he could do for me, maybe I could get on Medifast, he didn't have to see me again, among other things. I tried to explain to him, I never had the restriction I should have had with my sleeve. He preceded to tell me, people, who don't do what they are supposed to do always find excuses. Well, well, well, guess what! He's the one who didn't do what he was supposed to do. I was able to get in with one of the best bariatric surgeons in the state and he immediately set me up for an endoscopy and barium test. Both tests came back and showed what I knew all along, he left too much stomach in. I was a little nervous because I found out that my new doctor recently got in with the group of doctors with my old surgeon. I expressed my concerns with him. I asked him could he be fair and truthful, being that this other doctor was his partner now, in a sense. He preceded to tell me his patients come first and the test doesn't lie. My other concern was how would I handle this. I knew my insurance plan didn't pay for revision surgery and I knew I couldn't pay out of pocket, but why should I when the proof was right there in black and white, that he didn't do what he was supposed to do. After I calmed down and allowed a cooler head to prevail, I spoke with my doctor about what could be done. He told me to let his office handle the insurance company, once he shows them my test results and he let them know why I need revision surgery, he believes that would get me approved for the revision surgery. The first letter came back and it was denied, but a few days later I got my approval letter! My revision surgery is January 21, 2019. I'm now in talks with the hospital, I told them I shouldn't have to pay again for something their doctor didn't do correctly. To me, this is an open and shut case of malpractice, but all I want is my surgery done correctly and to let his group know what he did. I put in a formal complaint with BC/BS and with the hospital on him.
What would you guys do? Would you be happy with getting your surgery over or would you pursue a malpractice case?

@LadySin. I even said to myself, you're allowing this man to walk on you and treat you like crap. I knew in my head, that just going back and forth with him in an argument wouldn't get me anywhere. I needed to get documented proof of his negligence. Now that I have that, I'm just trying to see which way I want to go. I prayed and said if I can get my surgery done over the right way, I would let it go, but my gut is telling me not to let him get away with this. I don't think it would hurt to speak with a lawyer and see what he or she says on the matter. I have to go through this surgery again. I work for myself, so if I don't work, I don't get paid and I know I will have to take at least a week off.

Hey guys, a few months back I posted a message talking about how rude my gastric sleeve surgeon was to me. He told me I was a failure, there was nothing else he could do for me, maybe I could get on Medifast, he didn't have to see me again, among other things. I tried to explain to him, I never had the restriction I should have had with my sleeve. He preceded to tell me, people, who don't do what they are supposed to do always find excuses. Well, well, well, guess what! He's the one who didn't do what he was supposed to do. I was able to get in with one of the best bariatric surgeons in the state and he immediately set me up for an endoscopy and barium test. Both tests came back and showed what I knew all along, he left too much stomach in. I was a little nervous because I found out that my new doctor recently got in with the group of doctors with my old surgeon. I expressed my concerns with him. I asked him could he be fair and truthful, being that this other doctor was his partner now, in a sense. He preceded to tell me his patients come first and the test doesn't lie. My other concern was how would I handle this. I knew my insurance plan didn't pay for revision surgery and I knew I couldn't pay out of pocket, but why should I when the proof was right there in black and white, that he didn't do what he was supposed to do. After I calmed down and allowed a cooler head to prevail, I spoke with my doctor about what could be done. He told me to let his office handle the insurance company, once he shows them my test results and he let them know why I need revision surgery, he believes that would get me approved for the revision surgery. The first letter came back and it was denied, but a few days later I got my approval letter! My revision surgery is January 21, 2019. I'm now in talks with the hospital, I told them I shouldn't have to pay again for something their doctor didn't do correctly. To me, this is an open and shut case of malpractice, but all I want is my surgery done correctly and to let his group know what he did. I put in a formal complaint with BC/BS and with the hospital on him.
What would you guys do? Would you be happy with getting your surgery over or would you pursue a malpractice case?

@LadySin. I even said to myself, you're allowing this man to walk on you and treat you like crap. I knew in my head, that just going back and forth with him in an argument wouldn't get me anywhere. I needed to get documented proof of his negligence. Now that I have that, I'm just trying to see which way I want to go. I prayed and said if I can get my surgery done over the right way, I would let it go, but my gut is telling me not to let him get away with this. I don't think it would hurt to speak with a lawyer and see what he or she says on the matter. I have to go through this surgery again. I work for myself, so if I don't work, I don't get paid and I know I will have to take at least a week off.

@LadySin. I even said to myself, you're allowing this man to walk on you and treat you like crap. I knew in my head, that just going back and forth with him in an argument wouldn't get me anywhere. I needed to get documented proof of his negligence. Now that I have that, I'm just trying to see which way I want to go. I prayed and said if I can get my surgery done over the right way, I would let it go, but my gut is telling me not to let him get away with this. I don't think it would hurt to speak with a lawyer and see what he or she says on the matter. I have to go through this surgery again. I work for myself, so if I don't work, I don't get paid and I know I will have to take at least a week off.

Excellent Point Lady Sin, what if he did this to your friend or daughter? Could you accept this happening to them?

Plus, I'm Australian - we don't really have a suing culture. You can still write letters of complaint to medical board, hospital etc. At the end of the day you have to weigh up risk vs benefit.

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Wow, what a huge development. I'm so pleased you got approved for revision surgery! I'd be reluctant to go the malpractice route because I have an allergy to anything involving suing (stress, lawyers, fate in the hands of others ack!).

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Also think of it this way. If you don't so something (even if it turns out you can't), what's going to happen to his next patient? I know I asked my surgeon how many of his patients failed or had major complications and needed revisions. Will he tell the truth to his next patient? I know it's not your job to look out for the next person, but we all have to live on this dirt ball together! At least until WWIII anyway 😂

@LadySin. I even said to myself, you're allowing this man to walk on you and treat you like crap. I knew in my head, that just going back and forth with him in an argument wouldn't get me anywhere. I needed to get documented proof of his negligence. Now that I have that, I'm just trying to see which way I want to go. I prayed and said if I can get my surgery done over the right way, I would let it go, but my gut is telling me not to let him get away with this. I don't think it would hurt to speak with a lawyer and see what he or she says on the matter. I have to go through this surgery again. I work for myself, so if I don't work, I don't get paid and I know I will have to take at least a week off.

You've got me there. BUT (i'm going to pick on you OP) This person (from my crappy perceptive) allowed the original doctor to walk all over them. Very understandably common for patients. Medicine can be intimidating. So that's why I made the doormat comment. (Again sorry OP, I do truly understand)

This is all true. It's going to be up to the poster to decide if they have the time and energy to proceed with legal action. Someone isn't simply a doormat because they decide not to proceed with legal actions. Sometimes, it isn't the healthiest option for a person. I agree with speaking to a lawyer but, then there are many things which need to be considered and a good lawyer will point those out. Best of luck to the original poster. I hope it works out for you.

Hey guys, a few months back I posted a message talking about how rude my gastric sleeve surgeon was to me. He told me I was a failure, there was nothing else he could do for me, maybe I could get on Medifast, he didn't have to see me again, among other things. I tried to explain to him, I never had the restriction I should have had with my sleeve. He preceded to tell me, people, who don't do what they are supposed to do always find excuses. Well, well, well, guess what! He's the one who didn't do what he was supposed to do. I was able to get in with one of the best bariatric surgeons in the state and he immediately set me up for an endoscopy and barium test. Both tests came back and showed what I knew all along, he left too much stomach in. I was a little nervous because I found out that my new doctor recently got in with the group of doctors with my old surgeon. I expressed my concerns with him. I asked him could he be fair and truthful, being that this other doctor was his partner now, in a sense. He preceded to tell me his patients come first and the test doesn't lie. My other concern was how would I handle this. I knew my insurance plan didn't pay for revision surgery and I knew I couldn't pay out of pocket, but why should I when the proof was right there in black and white, that he didn't do what he was supposed to do. After I calmed down and allowed a cooler head to prevail, I spoke with my doctor about what could be done. He told me to let his office handle the insurance company, once he shows them my test results and he let them know why I need revision surgery, he believes that would get me approved for the revision surgery. The first letter came back and it was denied, but a few days later I got my approval letter! My revision surgery is January 21, 2019. I'm now in talks with the hospital, I told them I shouldn't have to pay again for something their doctor didn't do correctly. To me, this is an open and shut case of malpractice, but all I want is my surgery done correctly and to let his group know what he did. I put in a formal complaint with BC/BS and with the hospital on him.
What would you guys do? Would you be happy with getting your surgery over or would you pursue a malpractice case?

You have done an amazing job of advocating for yourself! Congrats! You knew what you went through wasn't right and you took action, I am happy for you! I hope everything goes great in January! The most important thing is to trust the dr you pick! I will never regret my choice to switch before surgery ever, I love my surgeon she was amazing!

Amazing, so glad you advocated for yourself and so glad we don't just assume that everyone is just being dramatic and wave off things as the patients fault. Doctors are fallible too and these stories need to be highlighted.
Thanks for the follow-up. Please keep us posted. Safe upcoming surgery! 🎈

So to play Devil's advocate, why should the **hospital** pay for the surgeon's malfeasance? They are just the facility?

I find it unlikely you will make headway on that front, BUT I think (not a lawyer) you can very likely get the $$$ out of original surgeon, plus damages to cover extra time off work, etc.

I would definitely talk to a medical malpractice attorney, ASAP. I wonder if you can even social the insurance company on him? He had made them pay out twice? [emoji848]

Congrats on your new surgeon and upcoming revision!! Get a lawyer!![emoji23][emoji1]

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They also have incredible malpractice insurance for when these cases arise.
Don't be a doormat. Don't turn the other cheek. You can get a lawyer as every bit as good as that doctor's. In an ideal occurrence you wouldn't even have to sue. Everything will be take care of via negations between the lawyers. Maybe you can get back any money you have to come out of pocket with for the revision.
Get a good lawyer and there will be no stress on your part. Your job is to heal and get better. Your lawyer would take care of the rest.

I agree with LadySin! I would contact a lawyer. Because of your first surgeon’s error, you now have to go through another surgery - more time out of work (if you work) - and another while healing process. And while it’s great that you will be getting the revision surgery, I don’t think that makes up for all you have and will go through. Good luck!!!

I'm not lawyer and sure as hell don't play one on TV but Id say it doen't hurt to look into getting a lwyer. They'll be better able to tell you if you have a case, and the inital consultation is usually free.
Think of it this way. If you're mechanic fucked up your car, and didn't have the balls to even run some tests, but decided to blame you. You then find another mechanic that says "Yup, he fucked your whip up" would you seek to hold the old mechanic accountable? I know I would.

Hey guys, a few months back I posted a message talking about how rude my gastric sleeve surgeon was to me. He told me I was a failure, there was nothing else he could do for me, maybe I could get on Medifast, he didn't have to see me again, among other things. I tried to explain to him, I never had the restriction I should have had with my sleeve. He preceded to tell me, people, who don't do what they are supposed to do always find excuses. Well, well, well, guess what! He's the one who didn't do what he was supposed to do. I was able to get in with one of the best bariatric surgeons in the state and he immediately set me up for an endoscopy and barium test. Both tests came back and showed what I knew all along, he left too much stomach in. I was a little nervous because I found out that my new doctor recently got in with the group of doctors with my old surgeon. I expressed my concerns with him. I asked him could he be fair and truthful, being that this other doctor was his partner now, in a sense. He preceded to tell me his patients come first and the test doesn't lie. My other concern was how would I handle this. I knew my insurance plan didn't pay for revision surgery and I knew I couldn't pay out of pocket, but why should I when the proof was right there in black and white, that he didn't do what he was supposed to do. After I calmed down and allowed a cooler head to prevail, I spoke with my doctor about what could be done. He told me to let his office handle the insurance company, once he shows them my test results and he let them know why I need revision surgery, he believes that would get me approved for the revision surgery. The first letter came back and it was denied, but a few days later I got my approval letter! My revision surgery is January 21, 2019. I'm now in talks with the hospital, I told them I shouldn't have to pay again for something their doctor didn't do correctly. To me, this is an open and shut case of malpractice, but all I want is my surgery done correctly and to let his group know what he did. I put in a formal complaint with BC/BS and with the hospital on him.
What would you guys do? Would you be happy with getting your surgery over or would you pursue a malpractice case?

@Frustr8, thank you so much and I needed that laugh!

@skinnylife did you read the letter? If so what do you think?

I have never been made to feel so inadequate in my life. I am so disappointed in the way Brian Gary treated me. I received the gastric sleeve surgery from him on 09/12/2017. From the beginning, my very first visit with him was not very pleasant. I should have taken that as the red flag it was and taken my business elsewhere, but against my better judgement I preceded with him as my weight loss doctor. He didn't feel I needed the surgery. I would have rather him tell me he will not perform my surgery and for me to get another doctor. My visit with him on 10/17/18 proved to be the most disrespectful way I have ever been treated by anyone, especially my doctor. I have not lost but about 34 pounds in the year since my surgery and saw on this day I gained 11 of those pounds back. Already feeling bad enough, he made me feel much worse with the remarks he made to me. He told me I failed, there was nothing else he could do for me, maybe I could get on the Medifast diet with Dr. Jernigan and he didn't have to see me anymore. Really! The Medifast diet, after I have put myself through weight loss surgery. Instead of him asking what the problem might be and let's see how we can fix this, he humiliated me. I told him my sleeve has never restricted my food intake the way it should, not even from the very beginning. The hunger was still there and if it were not for the scars on my stomach, I wouldn't think I had weight loss surgery. I asked him if he removed the 75% of my stomach the way he was suppose to, he didn't give a yes or no answer, instead he said your sleeve is the same size as the lady I just saw and she's already lost 80 pounds. Talk about adding insult to injury. He told me people who don't do what they are suppose to do always find excuses. He never once offered to run an endoscopy, barium or any other test to see what might be causing the lack of weight loss I'm experiencing. Sure there are things I could have done better. I am new to this and needed my doctor's help, but instead I got turned away and told I was a failure and he didn't have to see be again. Your weight loss doctor is suppose to be a life time relationship to keep you on track and to make sure you are having no problems, like leaks, nutrient or Vitamin deficiencies along with other problems that can come with weight loss surgery. I m having Hair loss, bruising and pitching in my stomach, but did not feel comfortable telling him these things, because to me he just didn't care one way or the other. The bariatric group I am a member of could not believe this. These people had their surgery before me, some during the same time as me and others after me and have lost anywhere from 70 to over a 100 pounds. Most of them still can't eat more than a few mouthfuls. When I told him I can take in more food than I should be able to, he said the stomach is a muscle and it stretches. This is not supposed to happen this fast, maybe some years down the road, but not right after you have surgery. My group asked me about my labs with him, I asked what labs? I have never done lab work in his office. I spoke with my insurance company and they have given me the green light to seek another weight loss doctor. I pray all was done right and it is a simple fix. I am not a failure, I feel my sleeve and doctor failed me. I pray he does not make anyone else feel this way.

I have never been made to feel so inadequate in my life. I am so disappointed in the way Brian Gary treated me. I received the gastric sleeve surgery from him on 09/12/2017. From the beginning, my very first visit with him was not very pleasant. I should have taken that as the red flag it was and taken my business elsewhere, but against my better judgement I preceded with him as my weight loss doctor. He didn't feel I needed the surgery. I would have rather him tell me he will not perform my surgery and for me to get another doctor. My visit with him on 10/17/18 proved to be the most disrespectful way I have ever been treated by anyone, especially my doctor. I have not lost but about 34 pounds in the year since my surgery and saw on this day I gained 11 of those pounds back. Already feeling bad enough, he made me feel much worse with the remarks he made to me. He told me I failed, there was nothing else he could do for me, maybe I could get on the Medifast diet with Dr. Jernigan and he didn't have to see me anymore. Really! The Medifast diet, after I have put myself through weight loss surgery. Instead of him asking what the problem might be and let's see how we can fix this, he humiliated me. I told him my sleeve has never restricted my food intake the way it should, not even from the very beginning. The hunger was still there and if it were not for the scars on my stomach, I wouldn't think I had weight loss surgery. I asked him if he removed the 75% of my stomach the way he was suppose to, he didn't give a yes or no answer, instead he said your sleeve is the same size as the lady I just saw and she's already lost 80 pounds. Talk about adding insult to injury. He told me people who don't do what they are suppose to do always find excuses. He never once offered to run an endoscopy, barium or any other test to see what might be causing the lack of weight loss I'm experiencing. Sure there are things I could have done better. I am new to this and needed my doctor's help, but instead I got turned away and told I was a failure and he didn't have to see be again. Your weight loss doctor is suppose to be a life time relationship to keep you on track and to make sure you are having no problems, like leaks, nutrient or Vitamin deficiencies along with other problems that can come with weight loss surgery. I m having Hair loss, bruising and pitching in my stomach, but did not feel comfortable telling him these things, because to me he just didn't care one way or the other. The bariatric group I am a member of could not believe this. These people had their surgery before me, some during the same time as me and others after me and have lost anywhere from 70 to over a 100 pounds. Most of them still can't eat more than a few mouthfuls. When I told him I can take in more food than I should be able to, he said the stomach is a muscle and it stretches. This is not supposed to happen this fast, maybe some years down the road, but not right after you have surgery. My group asked me about my labs with him, I asked what labs? I have never done lab work in his office. I spoke with my insurance company and they have given me the green light to seek another weight loss doctor. I pray all was done right and it is a simple fix. I am not a failure, I feel my sleeve and doctor failed me. I pray he does not make anyone else feel this way.

@Cynisca, thank you for your honest opinion. I have always been a person that dots all my i's and cross my t's. I obtained one of the best bariatric surgeons in the state. He did an endoscopy and a barium test on me. The test came back and showed what I knew in my heart all along, there was way too much stomach left. So this doctor was not only rude, he failed to do my surgery correctly. Even though I feel this is an open and shut case of malpractice, all I want is my surgery done over and for my insurance company and the big group of doctors he works with to know what he did. My insurance plan did not cover revision surgery, but through God's grace, they approved me for revision. Now I'm in talks with the hospital. I told them I shouldn't have to pay another penny out of pocket for something one of their doctors didn't do right. The doctor I'm with now recently became apart of this group of doctors with my old surgeon. I prayed about it and asked him could he be fair with me and truthful about what his colleague did or didn't do. So far I have been very pleased with him. My revision surgery is January 21, 2019.