Estate of dead Tennessee Dr. Bruce Pancake sued for alleged negligence and fraud

• http://www.chattanoogan.com/articles/article_118505.asp

December 11, 2007

Ten patients of the late Dr. Bruce Pancake are suing his estate in Circuit Court, alleging professional negligence, misrepresentation and fraud.

The suit that asks unspecified damages is brought against Dr. Pancake's widow, Deborah Pancake.

The suit says Dr. Pancake committed suicide at his office in East Brainerd on Sept. 17.

It says Dr. Pancake initially held himself out as an otolaryngologist treating problems affecting the ear, nose and throat. It says, after patient complaints involving ENT procedures, Dr. Pancake "changed specialties and held himself out as a plastic surgeon."

The suit says Dr. Pancake did not complete an internship, residency or fellowship in plastic surgery, but attended a two-day seminar in Kalgenfurt, Austria, in 2004 to learn cosmetic breast surgery.

The complaint says Dr. Pancake�s operating facilities were not licensed or accredited. It says he "did not advise his patients that his surgical privileges at Hamilton County, Tennessee, hospitals had been withdrawn, restricted, suspended, limited, or denied."

It says Dr. Pancake "intentionally and recklessly misrepresented the benefits of using only local anesthesia for all of his procedures when the true reason he choose only local anesthesia for the procedures was due to his lack of skill, training and experience and the limitations placed upon him by his inability to gain access to area hospitals."

The complaint says Dr. Pancake "generally failed to practice and use proper sterile technique during his surgical procedures and did not use proper sterile technique with the Plaintiffs. He generally failed to properly scrub, failed to maintain a sterile surgical suite or field, and exposed his patients to an unreasonable risk of infection. Dr. Pancake generally did not use masks or caps during surgery. He generally did not properly prepare his patients for surgery, and failed to use antiseptic agents on his patients to reduce the risk of infection. He allowed people to enter the surgical field without scrubbing or wearing sterile clothing. He often went from one operating room to another without changing scrubs or gloves. He often would enter the surgical field while wearing his work-out clothes and dripping with perspiration after exercising next door at the Athletic Club. Dr. Pancake used Maxipads to cover the Plaintiffs� surgical wounds."

The 44-page lawsuit alleges various medical problems experienced by the plaintiffs after undergoing surgery by Dr. Pancake.

The suit was filed by attorneys Eric Oliver and Andy Lewis.

They issued this statement on Wednesday:

"On Dec. 11, 2007, the law firm of Lewis & Oliver filed a complaint in the Circuit Court of Hamilton County, Tennessee on behalf of 10 former patients of Dr. Bruce Pancake. These patients underwent a variety of surgical procedures performed by Dr. Pancake at his Gunbarrel Road facility known as The Phoenix Center Spa Medicus.

"These patients suffered injuries and damages which we believe were the result of inappropriate actions by Dr. Pancake as specifically set forth in the complaint.

"We regret that the publicity arising out of this legal action may cause distress for Dr. Pancake�s family. However, the painful, serious injuries, including disfigurement, to these patients required this action to be filed.

"We hope that these cases can be resolved in such a way that the injured patients will be fairly compensated while, at the same time, minimizing any distress to Dr. Pancake�s family."