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Malpractice Question!!!!



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I haven't been banded yet have just received all the clearance needed from the various doctors I have seen . I go back to the surgeon this upcoming Friday and they will submit everything to the insurance for approval. Anyway, I did some research on the surgeon on the NJ licensure website and it shows he has had two malpractice lawsuits against him, doesn't say what for though. He has been doing lapbands for 9yrs and that is all he does. My question is does that seem like alot of litigation for that amount of time it did say $400k and $250k were paid out on the two. I'm a little concerned now. Any advice would be greatly appreciated.

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Anyway, I did some research on the surgeon on the NJ licensure website and it shows he has had two malpractice lawsuits against him, doesn't say what for though. He has been doing lapbands for 9yrs and that is all he does. My question is does that seem like alot of litigation for that amount of time it did say $400k and $250k were paid out on the two. I'm a little concerned now. Any advice would be greatly appreciated.

I think you can call the state licensing board to find out. It would be worth a call.

.

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Your post actually had me go online and check if my surgeon has any malpractice suits. I found that he has two malpractice suits, I checked in the states health department website, and that website had the option to be redirected to another site that would tell you exactly what the doctor was being sued for and the amount that he paid; it gave me very detailed information. My surgery is on Feb. 11, 2010, I am a little bit worried after I found out this new info. I am not going to back down now. I will remain positive. Good luck to you. I think there are a large percent of surgeons that have suits against them. Remember that bariatric surgeons also perform gastric bypass surgeries, and gastric bypass has a high mortality rate. When someone dies from a surgery, it is likely that their loved ones file a suit against the surgeon, and many people die from gastric bypass.

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I was going to see a different surgeon that was closer to home until I checked out the state licensing board website and saw she had 2 law suits both settled for a Million....I didn't go to her. I found someone else. I have to drive a bit farther but i'm okay with that.

I was banded on tuesday and so far so good!

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you can call and find out but don't forget to check the anesthesiologist as well

you have no idea what type of surgery was involved or if it was ateam of doctors involved

make the call and check the surgeon and the anesthesiologist

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once my surgery was scheduled i asked for the name of the anest. I just called my doc's nurse and asked for the name.

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Ask him about it. A good surgeon will welcome this kind of dialogue if not asked in a matter that seems to attack. You might simply say, "I always check my doctor's histories, and see that you have had 2 malpractice claims in the past 9 years. That doesn't seem excessive, given the patient population you work with--but I wonder: can you please tell me the kinds of problems these patients encountered, and what the outcome was?"

It's also perfectly acceptable to ask about patient morbidity and mortality--the percentage of their patients that experience surgery-related complications and/or die within a period of time postop.

All this said, it's REALLY rare for any surgeon, in this day and age, to have a record free of malpractice claims. Often, they are more related to a disparity between patient expectations and outcome. In the world of WLS, the potential for disappointment is high---we're all told about the potential for erosion, slippage, failure to lose weight, etc. We all sign the papers acknowledging we know this when we give our informed consent. But when you go to your post-surgical support group meetings, it will become painfully evident how many patients really DID go into the OR with very little understanding of what was going to happen, the risks, and what would be expected of them posto

Surgery performed on morbidly obese patients carries fairly substantial risks. These surgeons willingly place themselves in the position of encountering complications and poor outcomes in order to help their MO patients.

It's reasonable to expect that, during the course of a career, that one or two families will lose a loved one and file suit.

Just ask your doctor. S/he'll tell you, in very general terms (can't be too specific due to HIPAA considerations) the source of the claims, as well as the disposition. The reports only give part of the story; give the doctor a chance to supply the other.

THEN you can make a fully-informed decision.

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I agree with Betsy. What is the harm in asking the doctor? You have a right to make an informed choice. This is major surgery and you don't want to take any chances! The last thing you want to do is go into surgery anxious and nervous. I would definitely talk to the surgeon so you can make a decision. There are two sides to every story obviously, but I think it would be easy to tell if he was hiding something.

And if you do change, I have a GREAT surgeon in NJ for ya ;-)!

Good luck!

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