Author Topic: BiMax Surgery without patient consent  (Read 2096 times)

XXRyanXXL

  • Jr. Member
  • **
  • Posts: 87
  • Karma: 7
BiMax Surgery without patient consent
« on: June 15, 2017, 06:35:35 PM »
I had bimax surgery about 6 months ago. Prior to the surgery, I was made aware from my orthodontist, that the Surgeon had shared with him models of my teeth and also a surgical planout. From what the surgeon told me in the office, he kinda gave me a clue what they were going to do on me, just telling me to move my lower jaw forward, give me a larger chin (genio), and some cross-bite correction. I had asked my ortho for this planout they had prepared, because I was unaware of what exactly he was planning on doing on me, he said he didn't have it. So I went back to my surgeon, he wouldn't provide it to me. After the surgery, my face got even longer than it was before, much longer, and my chin is almost like jay leno's chin. NO PUN INTENDED.
This %%%% jerk FINALLY handed it over to me 5 months post op, and I confronted him and asked him why the he!! are you now just sharing this with me? I told him I did NOT consent for you doing this to me! I was totally shocked what this guy had planned for me!
I decided to file a complaint against this guy, and it was quickly covered up by there staff at the university. I filed a med/licensing complaint, and they are not taking this seriously, telling me it could take up to 6 months for them to even begin to investigate this. I got multiple surgeons telling me he did the wrong procedure.
I can't sue the guy, because in my state I need a affidavit of merit, which means, finding another surgeon who will testify against him, and pretty much everyone in my state knows him, or there "golfing buddies".

Since my insurance paid almost $30,000.00 and I paid $6000.00 out of my pocket, and he did this without my consent and I even further told him I did NOT WANT YOU MAKING MY FACE ANY LONGER. Guess what? He did it anyways. I had a verbal agreement with him that he would impact my maxilla, he told me he would. Guess what? He didn't, and he didn't even plan on it.
So this guy lied to me, directly to my face, telling me "you have good post op results and your longer face has no clinical or functional revelance, wait 1 year until the tissues settle before jumping into a revision"
Well 1 year is the Statute of limitations to sue him, and 2. You NEVER wait for a revision, you get it done as soon as possible due to scarring and instability.

This is my worst nightmare come true, he made my face even uglier than I was before. I even posted my results on here, and the communty was shocked at this guy's work, even though he's a "Diplomate, and Board Certified."

What are the options for having my insurance being an advocate for me, to fix this? They paid for this, they even paid for the surgical planout, and he would not provide me my medical records, he did the wrong operation and billed my insurance.
Surgery without consent = Battery under the law.

By the way, this paper was called a Virtual Surgical Planning, It was 7 pages in length, had my skull in 3 dimensional mapped features, it told the surgeon where he was going to cut, position, and move, and a final post-op rendering, as well as the individual skeletal parts mapped out where he'd cut and move forward/backward down to the millimeter. He DID NOT give this to me, nor discuss it, nor tell me he was planning on making my "hyperdivergence" even worse. And he further claims, he doesn't know how to fix a patient with hyperdivergence (hyperdivergence means higher than normal mandibular plane angle, occlusional angle and small airway, and long face appearence). There are actually surgical codes under my insurance that addresses maxillary impaction for E.G. Long face appearence. He obviously didn't use those.

So what recourse do I have besides suing him? My insurance can make a claim against him. I seek another surgeon to fix this.
If I tell this surgeon I did not want consent to him doing certain things, and he does it, by what authority does he have to do these things? There are no exemptions in this case, nor any life threatening, or unconscious patient, or mentally ill.

Furthermore, I just obtained all my medical records from the hospital, and I just found all my post-care instructions, which he never gave to me! I futhermore, and having issues swallowing, and I alerted the surgeon, and he abandoned  my care. I'm suppose to follow up with him for cat scans every 6 months to 1 year post-op.

Ben30

  • Jr. Member
  • **
  • Posts: 81
  • Karma: 2
Re: BiMax Surgery without patient consent
« Reply #1 on: June 16, 2017, 05:31:37 PM »
I completely relate to what your saying, I feel your pain. I know it doesn't excuse his apparent incompetence or change anything but on him not sharing his surgical plan with you, you should not have proceeded. I know this is easy for me to say and likely hard to hear. Don't feel that I'm blaming you, we trust these people naturally because our society holds them with such high regard

It's good adivce for anyone considering jaw surgery DO NOT IGNORE RED FLAGS.

I did, you appear to have, many others have and we are now up s**t creek.

We are not dealing with normal people in these fields, we are often dealing with people who lack any depth of empathy. We need to treat these people with extreme caution. We need to research and have a plan in place should the outcome be unacceptable.

Good luck with your battle these people will lie lie lie without a second thought. Even if you have all evidence in your favour it likely won't help, that doesn't mean you shouldn't fight but the best you might achieve is causing the reptiles some annoyance.

XXRyanXXL

  • Jr. Member
  • **
  • Posts: 87
  • Karma: 7
Re: BiMax Surgery without patient consent
« Reply #2 on: June 18, 2017, 11:21:34 AM »
You are true, there was some Red Flags raised and I ignored them. I put all my trust into this Surgeon, and I should not have.
He mislead me the whole time. He openly lied to me telling me he would do impaction and he did not.

I am not looking for sympathetic responses, I'm looking for the right advice that will lead me in the right direction.

I am seeing he billed my insurance for the models of my teeth, the VSP, and the time he used to manipulate these. These are services I was never rendered, and he still will not share with me my models of my teeth even 8 months post-op. He will be investigated for insurance fraud.
Anyone who bills your insurance and you did not have consent for them to perform, and your expressing your concern to the surgeon you don't have enough information for them to go forward, under law, they cannot proceed.
These VSP cost upwards of $1,000.00


Thanks