Botched plastic surgery - lawyer

Family, Education, Health and Pets
1
Hi all,

Looking for some recommendations for a lawyer regarding a botched surgery/failure to care for a patient.

A shortened version of the story is>

I had a couple of lesions i was concerned about for some time. I spoke to my GP and got a referral to see a dermatologist (Zug) with a letter from a biopsy report which had all of the details.

She didnt listen to me and started freezing skin damage spontaneously and without my consent. I couldn't see what she did so when i went home and saw where she had operated on, i realized that she had done something in a totally different place to where i had the lesion.

I organized a follow up appointment to explain, she got angry and defensive and told me she had no letter on file (the one i brought with me on the first consultation) and when i tried to diplomatically explain again what the diagnosis is she didn't want to hear what i had to say. She again went to freeze some skin damage and i had to stop her and reason with her that it would be better if i gave her another copy of the biopsy report so we can be sure what we are treating. She was not happy, and it was clear.

I sent the report on the same day and never heard back from her.

Went back to my local GP and explained how disgusted i was with this doctor. He referred me to another dermatologist in Zug.

They seemed more thorough. They took another biopsy and noticed another lesion which was a suspected basal cell carcinoma (bcc) and took a biopsy of that as well.

Both lesions were about 4-5mm in size and barely noticeable.

The results came back and confirmed one was a BCC and the other was a pre-cursor to white cancer. Both benign.

When i asked them what this means they told me that they have to be cut out and that's the only option. Obviously i was concerned and asked what i could expect. They told me that that is a conversation to have with a plastic surgeon and referred me to one in Kuessnacht who is well known and very good.

The plastic surgeon was friendly. I told him how anxious i was as i couldn't get any idea from the dermatologist as to what i can expect in terms of scar, recovery etc. The surgeon reassured me and literally promised me not to worry and that the scar from the excisions he would perform would be barely noticeable, and that he would match up the skin perfectly so it would be an extremely fine line scar. He also said that i would be up and doing sport in a couple of weeks so not to worry. No risks were shared with me and supposedly this surgeon has a good reputation.

I reassured my family that im in good hands and planned to have it over and done with

I went under the knife a week or two later (18 months ago), which was under local anesthetic. The lesions were on my cheek and forehead and were 4-5mm.

I came out of the surgery with 5-6cm excisions!!. although i couldnt see them until the patches were removed.

The excision on my forehead was under immense tension and was bleeding alot so he left the stitches in for 2 weeks instead of one. The wound was still bleeding after 2 weeks and after the stitches were removed it split open and i had a massive scab for weeks on end.

Because of the location of the excision i had 9 months of chronic pain all over my head (and it caused diffuse thinning) which i can only assume was nerve damage or irritation. I had to take up to two months off work and no one could help me.

After months of anxiety and reassurance from the doctor it eventually came out that the stitches/sutures/glue or whatever he did, did not hold the skin together and the wound opened up. I had a deeply depressed 5-6cm shiny white groove on my forehead for a 5mm lesion. Not to mention the other scar was also 5cm long and depressed (atrophic). Both were blood red for over 8months

I went into the surgery with promises and reassurance and came out with my world turned upside down.

I asked him what went wrong, why and what he could do to fix it and was told that i have to wait 12 months for it to fully heal. However, over the course of the year he became more annoyed and dismissive. In the end he told me he couldn't remember what he did.

I want to also point out that the labor report after the surgery showed (as he told me personally) no cancer! what does this mean? Probably the biopsy took it all out. Incorrect labor report? i dont know

For me it was important to understand what, how and why and how to fix it so i can move on with my life. I spoke with many surgeons around the world including the US, UK, Australia, Denmark and CH and it was clear from all of them that the approach the surgeon took was inappropriate, risky and/or not necessary. 2-3mm buffer around the lesions should have been sufficient, moh's technique as well could have been used and if he really did use glue then one surgeon (president of plastic surgery and burns) said that this is something that is presented in international conferences as something you dont do on faces. Also he didnt undermine the skin and pull the skin down to minimize tension. i am trying to repeat what was told to me

So i saw a lawyer who eventually wrote a letter 4 months ago to the surgeon and i have a reply but my lawyer is no longer responsive for the last 3 months. It seems he either has higher priorities or is uninterested. Whenever he does anything i dont hear from him for months so i want to drop him.

What do i want? Accountability i guess and to make sure this doesn't happen to anyone else.

In the meantime, i had corrective surgery and am on another 12+ month healing path until i can evaluate and probably have more corrective surgery.

So i am looking for a lawyer who is experienced in this area to progress with the claim. if anyone can advise it would be greatly appreciated.

Prefer DMs for this please as i know these forums can turn into a debate or preaching. I'm just hoping for kind hearts and advice

Many thanks

2
I personally think your chances to win this case are slim. What are your dry facts without emotions?

If he used stitches, why do you think he used glue? If he used both simultaneously it’s even better. Glue is not prohibited to be used on the face, one may argue it is not the best to be used on its own as tissues are too heavy but, again, it is not prohibited.

Any good doctor would cut rather more than less if we talking about cancer&Co, otherwise the risk of a second surgery is high.

The nerve damage accusation, make sure you know what that actually means before using this term.

The fact that you weren’t informed about complications - that i don’t believe, you have signed the documents before the surgery, did you read them?

All in all I don’t really see what exactly your complaints are about and the court won’t.

Instead of lawsuits I would suggest to put your energy into improving your scars appearance using lasers/cosmetology and move on. You are beautiful regardless.

3
Fact is you had BCC (Basal-cell carcinomas) and they needed to be removed.

If you were not happy with the first surgeon, then certainly you should not go back again for more treatment from the same surgeon.

BCC's can be much larger than first seen from the surface. They can even grow right into the bone - our grandmother had one on her nose that grew slowly right in and under her eye socket and nearly caused her to go blind - she did not go to get treatment until it was almost too late....

It actually just sounds like your skin did not heal well - do you smoke ?

4
I also had a basal cell carcinoma removed from my chin. All advice from my Dermatologist and Plastic Surgeon suggested all would be well. Unfortunately, like you, I now have a very deep atrophic scar about one inch in length. Everyone agreed it was a very poor result and the Plastic Surgeon agreed to surgically excise the scar a year later. The result was at first excellent and then within a few days it sunk again. My only option now is laser correction. My Dertmatologist suggested 8 treatments at a cost of CHF 1,000 each which I would have to pay. I am female and can improve the look of my scar with makeup. If I am honest, I am very conscious of my scar and every time I look at it, I am reminded of what caused it.

During my period of treatment for basal cell a melanoma was found on my leg. Obviously that was life threatening and I had treatment for it. I know I am a little odd in my reaction, but I found that less worrying than my basal cell carcinoma and live in fear of another appearing on my face and causing further disfigurement. I understand where you are coming from.

Note, I don't smoke.

5
Sorry to hear this happened to you as well. I have done alot of research into causes and options for correction if you want. Just DM me.

6
What a story right?. I obviously could not write this post with all of the details as that was not the point of the post. I shared as much as i thought was necessary. Seemed to have missed some key points though . I appreciate advice and opinions but i really am after a lawyer that is aware of such cases to help me understand my options.

Anyway to answer your questions.

I am very aware of what BCCs are. As i said, I have talked to many many surgeons since and have a very well informed understanding and opinion on this whole ordeal. I wouldn't make accusations otherwise.

I didn't have the corrective surgery done by him. I flew to another continent after having faith and trust in the surgeon there. He didn't disappoint and is the president of plastic surgery and burns. He presents at international conferences and has helped me through the ordeal and continues to support me as i am still healing.

Do i smoke? No. I get why you ask this as i can imagine it could affect scar healing although this is not a healing issue. I have never smoked, i don't drink and i have my bloods taken by a functional doctor a number of times a year to ensure i am healthy and have no or little inflammation. What i am lacking is supplemented. So i think im healthy.

The scar was caused by the technique that was used to close the wound and hold it closed, as repeated by everyone of note that i talked to.

Even the idiot himself said that if he were to fix it he would have to perform the surgery differently! - undermine it. Like all of the other surgeons told me. Go figure.

7
Yes chances are probably slim. Although i cannot for the life of me remember if i signed anything. The rebuttal from my lawyers letter didnt include anything i signed, just a statement that i was aware of the risks and agreed. was that verbal? cant remember as i was a little in shock but i have to stress that this guy promised me miracles. Need to validate this for sure.

No glue is not prohibited. Skin wasnt undermined, no galial scoring, no continuous stitches, rather external ones. No other surgeon i talked to supported the way he approached it. As i said, i have talked to many surgeons now. They all said the same thing.

Do you know what Moh's technique is? surgeon or derma takes a small piece at a time and analyses it until its all gone.

If there really was a reason for not doing this. The other surgeons informed me that a buffer of 3-4mm was normal. 5-6cm was incredible. The surgeon's argumentation was for a better outcome. the longer the scar the better the scar would appear.

Yes i have had treatment done to fix this I just want to make sure it doesnt happen to anyone else. Its not about money.

If you saw the mess you'd understand...more

8
I've had surgery several times (including one where there was a 1 in 50 chance of quadraplegia )..., and each time I've had the anaesthesiologist and the surgeon carefully go through the process with me and explained the risks. And yes I did have to sign that they'd done this. I understand this is a legal requirement in all of Switzerland.