Follow up to: I know this is long, but please read it. I got some big news about my situation

[I AM NOT MY SIZE 69]

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 404]

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.

[CyndieRI 251]

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!!!

[Sigi42 42]

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?

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?

Congrats on your new surgeon and upcoming revision!! Get a lawyer!!

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[Wombatpringle 9]

Doctor's have incredible lawyers. I mean you're getting a new surgery and I can only fathom how difficult this has been. Do you want to endure, can you handle the stress and time required to persue this, especially if you are going to be focused on your new life?

[LadySin 404]

7 minutes ago, Wombatpringle said:

....Doctor's have incredible lawyers...

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.

[Wombatpringle 9]

4 minutes ago, LadySin said:

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.

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.

[LadySin 404]

4 minutes ago, Wombatpringle said:

..Someone isn't simply a doormat because they decide not to proceed with legal actions...

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)

[I AM NOT MY SIZE 69]

@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.

[Walter.Sobchak 978]

Hmmm, here’s the thing, he could say that he was trying to prevent GERD and that is why he left your sleeve bigger than normal. He could say there where indications that you would have “complications” if he used a normal size bougie. Like others have said, I am not a lawyer but that is simply my take on it. As far as the hospital goes, good luck getting them to waive the cost of surgery. This is all big business and someone is getting rich off it.

[LadySin 404]

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 😂

[Frustr8 7,886]

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

[ummyasmin 1,603]

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?

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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[ummyasmin 1,603]

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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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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[rs 1,473]

Good to hear that the revision surgery was approved. After you have an initial consultation with a lawyer you'll have more info to help you decide which legal route to take, even if that decision is to not pursue anything at all. Good luck!