My surgeon is a horrible person

[lizv123 389]

At this point I'm completely lost. I have compiled and documented everything I went through and what my mother, father, stepmother, and fiancé witnessed the first week or two when I was in and out of consciousness (thank you morphine!)

But I am CLUELESS as to finding an attorney. I've never had any issues with anything legal aside from jury duty. I'm well aware of the slim chance I have a case, and I know if I do it will be settled to avoid totally trashing his reputation. I hate that this is happening. My mother had a DS done by him one month after my complications and she has since lost around 120+lbs. I just say she's lost both Olsen twins. So far her surgery is going perfectly but she is developing a concern. She isn't watching her caloric intake, she gets her Protein, but she also consumes a lot of calories and is still rapidly losing weight. Whereas I have done everything by the book (diet and supplement wise) and in around 16 months have only lost around 50-60lbs. (I no longer look at the scale because it just depresses me.)

I'm STILL dealing with complications from the surgery. A VERY elevated SED rate, a higher tolerance to all medications (please save the narcotics speech, I cry almost every time I have to take a pill because I know the damage and the consequences.)

I strongly believe he didn't remove enough of the fundus. When I started puréed, 8 oz wasn't a problem. I have been sick once from drinking too much Water too fast, but never from overeating. I did my own cottage cheese pouch test...12 ounces before I even started feeling full! But I still always measure my meals 4-6oz as my "surgery bible" recommends for sleeve patients.

As much as I hate that I'm even thinking of this, maybe I need to get the lapband or look into a sleeve revision (different surgeon of course!)

I'm 5'4" and weigh 220ish give or take a few pounds. That's after a surgery that almost killed me. After a surgery I was promised by my surgeon that would get me to a healthy BMI as long as I complied. Well I've complied for over a year and nothing. I've tried boot camp, I've tried raising and lowering calories...anything an everything I've been advised to do by my nutritionist and the vets on this board and NADA. Something is not right.

I digress...how on earth do I go about finding good attorneys? Not the ones with PowerPoint commercials on local channels or faces on the sides of a bus. I need help finding a handful of lawyers to present my case to, to see if it's even worth pursuing. The statute of limitation in Indiana is 2 years. So time's a wastin'!

Any advice?

[sassypants 674]

I don’t have attorney advice in the uk so no help sorry.
But I did want to say a couple of things, the sleeve size after surgery is not a standard given only 4ox and that’s it!
Its between 4-12 sometimes more it all depends on the size of your stomach going in.
they don’t remove 99% of your stomach because its bigger and will leave you with a bigger sleeve they remove the same amount unless there is other medical reasons requiring a little more be removed.
That’s why they tell you 4oz of food and 4 only your not meant to test to see if it can hold more, even if it can your not meant to try and see if it does.
Knowing its bigger or holds more means you will put more in it meaning too or not.
You’re not meant to eat till bloated/full/feeling restriction your meant to re learn what real full means not eat till I am stuffed.
I would think strongly about surgery as you are a MRSA carrier the likelihood of infection is a lot higher with you, a simple cut can turn nasty with that if you have it on your skin or in your tissue.
Stress meds other medical issues the ones directly caused by the op are all reason you may not be losing as much weight your body is under a lot of stress and healing constantly it seems, we tend to store to be used as needed when our body needs to recover.
We go into a kinda fight for survival mode when persistent health issues.
I am gonna give a personal opinion now I do feel you have been treated crap I also feel you should have stopped going to this man a long time ago.
You also have to look at that if you are going to bring a suit against him they will ask you why you continued to be under this mans care it can be spun that you knew it was less than adequate care and still went to have a stronger case against him.
Personally the only issue I have had with my medical team is my dietician I saw her once 1 month out then not again every single appointment I had she would cancel and postpone to another date 2 months later and keep doing it I lodged a complaint with the head of the department and with my own gp who also lodged a complaint.
I was given another appoint meant and the same thing happened only this time she rang me and left the appointment date on my answer machine when I went tot he hospital I was told I missed it, it was 2 days pervious.
I then received a really crappy letter telling me I failed to turn up and its imperative as part of my recovery and ongoing treatment that I attend these appointments.
Basically twisting it to be my fault, I was also down as a no show for every appointment when I said that’s not true at all and took in all the postponed letters I proved this woman is full of crap and is fudging my notes because she can’t keep appointments.
I still haven’t seen her at this point I don’t care any more its almost 2 years out for me and I am doing fine on my own which they are really really lucky about!
Good luck!

[lizv123 389]

In the hospital I didn't think much of his behavior because I know surgeons are top of the egotistical list, I saw him almost everyday while in the hospital that month. I wasn't in stable enough condition to transfer. At my one month and 6 month appointments I saw his nurse practitioner and not him. I didn't see him again until my one year check up and that's when he crossed the line. I haven't and won't see him again. But I do understand what you are saying. Pre-op and my initial post-op he wasn't that bad. It wasn't until my leak that he started seeing me as a walking mistake. I know he sees me as his failure and it hurts his ego.

As for the stomach thing, they take 85% and he told me after my initial surgery everything went perfectly and my stomach could hold four ounces. In the seminar he "guaranteed" a 4 oz stomach. I only tested my stomach's capacity to prove my theory that I could hold way more than he stated and even promised. But because I know my stomach is larger, I meticulously measure all my food, maxing out at 6 oz if I'm having a low Protein day. Even after 4-6 oz I still physically feel hunger pains. My stomach growls. It's not head hunger, I've killed that beast lol but only eating the four ounces has effected my blood sugar and I'm hypoglycemic now, which poses a huge problem.

I asked him about my meds effecting my lack of weightloss and he specifically said "your thyroid function looks perfect, it's not your medication."

He's contradicted himself and wreaked havoc on me physically and emotionally. I actually started crying after I posted earlier and still am. That may not seem like much, but I don't cry lol I've never been a cryer, even as a child.

This entire situation has me feeling worthless, used, and like a total failure at everything (not just weight loss)....I'm at the point of a breakdown.

[xmarycontraryx 234]

I'm so sorry you've gone through this. I'm in Southern Indiana as well and had surgery at Baptist East Hospital in Louisville by Dr. John Oldham. I really can't say enough great things about him or his practice. I highly recommend you reach out to them for aftercare. They have a dietician and psychologist on-site that I've also found extremely helpful through this journey. Best of luck to you and God bless.

[lizv123 389]

I'm so sorry you've gone through this. I'm in Southern Indiana as well and had surgery at Baptist East Hospital in Louisville by Dr. John Oldham. I really can't say enough great things about him or his practice. I highly recommend you reach out to them for aftercare. They have a dietician and psychologist on-site that I've also found extremely helpful through this journey. Best of luck to you and God bless.

I was JUST looking up Baptist East's next seminar! Several years ago when I was looking into the lapband (06/07?) I went there and liked their program but at the time all they did was lapband and I didn't think it was for me. Probably should have gone with them first lol

I'm in Scottsburg. How long ago was your surgery?

[xmarycontraryx 234]

My surgery was Dec 2. Just had my 3 month checkup Friday and felt so great leaving the office. I feel like I have a team of cheerleaders there but I always leave with something to work on too. I'm in Jeffersonville, so just a few minutes from the bridge. They also have support group meetings monthly but I haven't been able to go due to my strange work hours. I hope to get to one once my schedule clears up this summer.

I was JUST looking up Baptist East's next seminar! Several years ago when I was looking into the lapband (06/07?) I went there and liked their program but at the time all they did was lapband and I didn't think it was for me. Probably should have gone with them first lol I'm in Scottsburg. How long ago was your surgery?

[elfnow 277]

Liv: look for a personal injury lawyer. Tell them right off this is a possible malpractice case. Be up-front about your expectations: you want a free consultation. You want to pay on "CONTINGENCY" basis - the lawyer collects a hefty percent if you win, no $$ if you lose. Expect the lawyer to want 1/3 to 2/5 of the final settlement.

Just pick up the phone and call three offices. Today. Leave messages with their answering services. You're interviewing them for a job, be the boss!! They will call you back, I promise.

Hang in there. You may or may not have a case, I don't know. I do know that each patient needs to be evaluated on their own merits, especially for pain control ... NOT based on how many people in your local area are addicts. If you have a doctor managing your pain meds specifically, that's good.

There is a difference between being "physically dependent" (all opiates create physical dependence) and "addicted". Being an "addict" includes certain behaviors that your pain management doctor can speak to, not people on the internet.

Some doctors are complete a$$h0les. And the whole "not taking responsibility" sounds about right, some docs think they're infallible!!

Remember, "PERSONAL INJURY" lawyer. Just open the phone book.

[sassypants 674]

I get it its highly frustrating when you try and try to be heard/seen and your real concerns looked at just to be told off like a child and its “bad girl bad!” and not anyone else’s fault but yours.
Makes you want to scream and punch people and like every single way you turn its just hopeless.
Had this years and years ago nothing to do with wls another issue had a rude doctor who made me cry during our meeting and all the way home.
Just saying be careful they will twist it after all he is a medically trained doctor if he is the only one there they have a lot to loose if he is a insurance risk for litigation they will stick by him and rake you over the coals.
That’s not to put you off but to be aware if you go ahead with it you are going to have to be strong and figure out all the ways they will try and twist and turn it and come at you.
Also before you even speak about going ahead with anything get a copy of all your medical notes you would be amazed at what things get noted down its got a lot of people in trouble in the past for putting in rude judgmental remarks even if they were having a bad day.
You want all this now as your gonna get a edited if at all version if you go ahead with legal actions.
You need to get a new doctor and have them check everything out tell you point blank if the actions and treatment were truly the right things to do given the situations.
You also need one for just better treatment all round even if you were told he did the right thing there is no way you would deal with him again or trust his word or treatment of you anyway.

[Madam Reverie 2,958]

You might want to have a look at this:

http://www.in.gov/idoi/2614.htm

and this...

http://www.indybar.org/community/lawyer-referral-service/

and this....

http://www.in.gov/judiciary/selfservice/

Any questions, please feel free to ask.

[luckyknickers57 62]

That's it. After my year appointment I left my surgeons office in tears. Hell I was crying while talking to the S.O,B. It's time for me to write everything down and see an attorney to see if I have a case. First he sent me out of the hospital despite me begging to stay another day because I couldn't keep down the 4 oz of a Fluid an hour that he "demands of all his patients" and I was constantly, I mean nonstop heaving. He also did no leak test which I was ok with because his theory made sense: that soon after surgery the tissue is too inflamed to see if there is a hole or not. Second, one week later I went to their ER with moderate chest pain. I told them I was a patient of his one week out from surgery, they called him with the costocondritis diagnosis and he ok'd it without any scans or tests and they sent me home with some tramadol. Third, about one week after that the chest pain had gotten worse, I was miserable, and was starting to vomit again because he wouldn't refill my zofran. That's when they found the "abscess" in my abdomen and scheduled me for emergency exploratory surgery the following morning. They found nothing but an abscess then, they suctioned it out and put in a JP drain. After they went inside they found MRSA and I am now a carrier. There were several small incidents during my month in the hospital that really need to be written down but it's already on another thread here and I really don't feel like typing it all right now. () After several several tests and about a full week later they finally diagnosed me with a leak and I was on TPN strict NPO for the month to let it heal. The only other option was a stent. He would do nothing else. During my entire month stay I was on a pain pump receiving 1 mg of morphine every six minutes. He unplugged me and sent me home cold turkey with a prescription for antibiotics and 2 days worth of tylox. During my DTs I almost ended up returning to the ER but I refused to go back. After that I developed a mass at my drain site that was warm to the touch and very painful, I called him on the phone (as instructed by his nurses) and while talking to him my drain site popped open and began self draining the MRSA filled fluid that was building up. Almost immediately the pressure was gone and he said, "well there we go. Anything else? No? Good. I guess if it becomes too much for you to control with home bandaging you could come in to the ER goodbye" *click* Fourth- my follow up appointment, I didn't see him, I saw his nurse practitioner. Part of me was relieved because at least she's nice but wouldn't you think a surgeon should see his first sleeve leak patient just a couple weeks out of surgery? Fifth strike- he didn't show up at my 6 month check up either. Yesterday was strike six. My year check up. His attitude again was unbearable. He crossed the line beyond fixing. He said the following: "the reason your fibro is bad is because you're still fat." "Your colon is going to stop functioning if you keep taking these narcotics" "your list of medications is ridiculous I think you have an addiction problem and I recommend you seek treatment and get a different doctor" "you're LYING about your pain as an excuse to not lose weight" I have gone from moderate pain to severe post op. I've had to up my meds (including antidepressants) and have been fighting with my doctors the entire way because they want me to sign up for disability and I'm only 26 and refuse to give up yet. I also have severe osteoarthritis in my hips and plans to start my series of trigger point shots so I can cut back the amount of meds I take. But that doesn't matter. He still said what he said. I'm done. My surgeon is a scumbag.

Sounds like he is the most horrible person you could wish to meet. Poor you.

[new.life.2014 17]

I live in Southern Indiana as well and have been impressed with Columbus Bariatric Center. I haven't had surgery yet, but you might consider them as an option for future care as well.

[lizv123 389]

Liv: look for a personal injury lawyer. Tell them right off this is a possible malpractice case. Be up-front about your expectations: you want a free consultation. You want to pay on "CONTINGENCY" basis - the lawyer collects a hefty percent if you win, no $$ if you lose. Expect the lawyer to want 1/3 to 2/5 of the final settlement. Just pick up the phone and call three offices. Today. Leave messages with their answering services. You're interviewing them for a job, be the boss!! They will call you back, I promise. Hang in there. You may or may not have a case, I don't know. I do know that each patient needs to be evaluated on their own merits, especially for pain control ... NOT based on how many people in your local area are addicts. If you have a doctor managing your pain meds specifically, that's good. There is a difference between being "physically dependent" (all opiates create physical dependence) and "addicted". Being an "addict" includes certain behaviors that your pain management doctor can speak to, not people on the internet. Some doctors are complete a$$h0les. And the whole "not taking responsibility" sounds about right, some docs think they're infallible!! Remember, "PERSONAL INJURY" lawyer. Just open the phone book.

Thank you a million times over for this!!

And even more thanks for understanding the difference between addiction and physical dependency. I know I'm dependent, obviously. But in no way do I take my medication to feed an addiction! I'm so happy to feel unjudged.

Thank you thank you thank you!!!

[lizv123 389]

I get it its highly frustrating when you try and try to be heard/seen and your real concerns looked at just to be told off like a child and its “bad girl bad!” and not anyone else’s fault but yours. Makes you want to scream and punch people and like every single way you turn its just hopeless. Had this years and years ago nothing to do with wls another issue had a rude doctor who made me cry during our meeting and all the way home. Just saying be careful they will twist it after all he is a medically trained doctor if he is the only one there they have a lot to loose if he is a insurance risk for litigation they will stick by him and rake you over the coals. That’s not to put you off but to be aware if you go ahead with it you are going to have to be strong and figure out all the ways they will try and twist and turn it and come at you. Also before you even speak about going ahead with anything get a copy of all your medical notes you would be amazed at what things get noted down its got a lot of people in trouble in the past for putting in rude judgmental remarks even if they were having a bad day. You want all this now as your gonna get a edited if at all version if you go ahead with legal actions. You need to get a new doctor and have them check everything out tell you point blank if the actions and treatment were truly the right things to do given the situations. You also need one for just better treatment all round even if you were told he did the right thing there is no way you would deal with him again or trust his word or treatment of you anyway.

I never would have thought about the medical notes, and I used to be a transcriptionist. Duh lol that's brilliant! Thanks!

[LindafromFlorida 1,542]

Having worked for judges and lawyers 44 years, never randomly call a lawyer. OMG. Law offices can be like vultures and promise you the moon - sorry, but I know. Find a board certified lawyer who handles personal injury. If you lose a case you can be ordered to pay attorneys fees and costs for the doctor, so you want an attorney who will be experienced, not new and hungry for a case, who will explain all this. You can order the entire medical records from the hospital but it will cost. Well worth the cost however as you can sit down and read everything. You can limit the exact papers you want to include doctors' notes, nurses' notes, operative reports, history and physical, discharge summary, lab reports, you get my drift. A lot of lawyers are former federal prosecutors, so those types of backgrounds are things to look for. I think you will not be satisfied until you get a professional opinion, and I agree. I wish you the very best of luck.

[lizv123 389]

Having worked for judges and lawyers 44 years, never randomly call a lawyer. OMG. Law offices can be like vultures and promise you the moon - sorry, but I know. Find a board certified lawyer who handles personal injury. If you lose a case you can be ordered to pay attorneys fees and costs for the doctor, so you want an attorney who will be experienced, not new and hungry for a case, who will explain all this. You can order the entire medical records from the hospital but it will cost. Well worth the cost however as you can sit down and read everything. You can limit the exact papers you want to include doctors' notes, nurses' notes, operative reports, history and physical, discharge summary, lab reports, you get my drift. A lot of lawyers are former federal prosecutors, so those types of backgrounds are things to look for. I think you will not be satisfied until you get a professional opinion, and I agree. I wish you the very best of luck.

How do I go about getting these records? And at what cost?