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It says he "did not advise his patients that his surgical privileges at Hamilton County, Tennessee, hospitals had been withdrawn, restricted, suspended, limited, or denied."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."

MD under fire from colleagues for hiring spy

http://www.thestar.com/News/article/284716

Toronto Star

Three groups of plastic surgeons file complaints against doctor at centre of liposuction controversy

December 12, 2007

Robert Cribb
Tanya Talaga
Staff Reporters

Three of the largest professional organizations representing plastic surgeons in Canada are filing formal complaints against a Toronto physician who hired a private investigator to spy on a colleague whom she suspected was causing a drop in her business.

The Ontario Society of Plastic Surgery, the Canadian Society of Plastic Surgery and the Canadian Society of Aesthetic Plastic Surgery plan to ask Ontario's medical watchdog to investigate Dr. Behnaz Yazdanfar's decision to send an undercover female investigator to consult with plastic surgeon Dr. Sean Rice and secretly record the conversation.

As the Star reported last week, Yazdanfar used the recording as the basis of a $300,000 lawsuit against Rice, alleging the plastic surgeon slandered her reputation.

"Nobody has ever seen anything like this," says Dr. Michael Weinberg, a Toronto-area plastic surgeon and member of the three organizations filing complaints with the College of Physicians and Surgeons of Ontario.

"We would like them to investigate the ethics of wiring an investigator to come in, ask questions, to pretend to be a patient and pose naked."

Weinberg says members of the three organizations decided to file the complaints Monday.

"The medical community is very upset by this," he said. "I can't imagine that asking a woman to expressly lie to a doctor and then to have their breast examined by a doctor and that person being sent by another doctor for the sole purpose of trapping them could be considered in any way ethical."

College officials would not comment.

"I can confirm we are investigating Dr. Yazdanfar, but I can't provide you with details of the investigation or how the matter came to our attention," said Kathryn Clarke, college spokesperson.

Yazdanfar has been at the centre of controversy since Krista Stryland, a 32-year-old real estate agent and mother, was pronounced dead in hospital Sept. 20 following a liposuction procedure at Yazdanfar's Toronto Cosmetic Clinic.

Yazdanfar, a family physician without hospital privileges or a surgical specialty, claims in her lawsuit that she hired the investigator to determine whether Rice was the cause of a dramatic drop in her business this past fall – the same time Stryland's death was the subject of major headlines.

Rice tried to revive Stryland when she was rushed to hospital.

Neither Yazdanfar nor Rice has commented on the allegations in the lawsuit. None of the allegations have been proven in court.

Michael Kestenberg, Yazdanfar's lawyer, said yesterday his client is unaware of any complaints filed against her. "Until such a time my client and I see the complaints, we are not in a position to comment."

Yazdanfar's lawyers have also sent a letter to two other plastic surgeons warning them to refrain from making disparaging comments about her to patients on the threat of legal action, the Star has learned.

Doctors say the case goes to the core of the physician-patient relationship.

"A physician has to be able to speak honestly to their patients," says Weinberg. "As a patient, wouldn't you want to go to your doctor and ask for an honest opinion even if it isn't to the benefit of a company, institution or another doctor?"

Dr. Brian Peterson, president of the Canadian Society of Aesthetic Plastic Surgery, said his organization's letter of complaint will be filed with the college this week.

"It will be about professional conduct," he said. "It's not normal activity to take the steps she's taken."

The beauty of anonymity

• Toronto Star Editorial about the CPSO's investigation of MDs
  

Nov 21, 2007

It has been too long in coming, but the agency that regulates medical practices in Ontario is finally moving toward a crackdown on ill-trained cosmetic surgeons who may pose a risk to patients.

The College of Physicians and Surgeons of Ontario has launched an investigation into 16 doctors who perform high-risk cosmetic procedures in private clinics. These physicians have not necessarily done anything wrong but there is concern over whether they have the qualifications and training necessary for full public confidence in their abilities. The doctors came under scrutiny after the college had physicians fill out a mandatory questionnaire about the nature of their cosmetic surgery practice and their qualifications. Another 20 doctors did not answer all necessary questions and have been told they risk losing their medical licence unless they respond to the survey.

None of the physicians in question has been identified by the college.

The 16 doctors who are of most concern are being evaluated by trained assessors and, in the absence of hard evidence of problems, the college insists they have a right to continue practising.

That's fair, but patients also have a right to be told that their doctor is under investigation, or that their physician failed to complete a mandatory questionnaire concerning professional qualifications.

Instead, the college has opted to leave Ontarians in the dark.

The current crackdown comes less than two months after Krista Stryland, a Toronto mother and real estate agent, died in the wake of liposuction from a self-dubbed "cosmetic surgeon" who was not a certified plastic surgeon. That tragedy happened after years of official inaction on this public safety issue.

Hopefully no one else will die as the college assesses doctors whose right to continue doing business trumps the public's right to know.

Liposuction death in Toronto

On September 17, 2007 Krista Stryland, a healthy 32-year-old Toronto real-estate agent decided to cancel her future appointment for a tummy tuck with a renowned plastic surgeon. Instead, she told her friend in an e-mail that she was going to the Toronto Cosmetic Clinic (TCC) for a laser liposuction procedure. The device as it turns out was just approved by Health Canada a few months before.

It was hyped on American TV health and news shows earlier in the year with absolutely no negative statements or warnings. It was touted as the "lunch-time" tummy tuck with no down-time. One woman made a comment on News 8 Austin, Texas that it was like watching her cheeseburger go down the drain as she had her tummy worked over by a plastic surgeon.

The problem with the laser liposuction procedure was that the device that may have been used at the TCC was in the hands of a medical doctor who never earned certification as a specialist in dermatology, plastic surgery, or for that matter any surgical specialty. In fact, she had two years of family medicine training after medical school, and never earned certification by the Canadian College of Family Practice (CCFP).

For whatever reason, after a few years as a general practitioner, she elected to move into a lucrative new field called "cosmetic surgery". The trouble was then, as it is now, that there is actually no recognized specialty called "cosmetic surgery" in Canada.

To become a "cosmetic surgeon" was actually quite simple. All she needed to do was to place a fancy sign in the office, make a few changes to business cards, and then convince the Yellow Pages that you have that designation (as if they really care anyway).

There were then, as there is now simply no regulations in Canada that prevent anyone from making those claims. In order to pump up her status as a "cosmetic surgeon" Yazdanfar's name was added to a prestigious web site called LocateADoc.com (see column on right of this page).

You can search for specialist physicians across North America. Almost all of them have their specialty in dermatology, ENT, or plastic surgery. The training for these recognized specialties can take up to five years or more of hospital-based training followed by rigorous examinations. Yazdanfar had none of that training and yet she calls herself a "cosmetic surgeon".

But, somehow, Yazdanfar made it on this list.

In fact, anyone with an MD, or DO can get a FREE LISTING on LocateADoc.com. I don't know if LocateADoc.com has any method of screening out those who don't have actual specialties.

Cosmetic Surgeons In North York, Ontario Canada with Basic Listings:

Procedures available may include: Breast Augmentation (Breast Implants), Liposuction Surgery (Lipoplasty), Tummy Tuck (Abdominoplasty), BOTOX® Injections Treatment, Breast Reduction Surgery, Laser Hair Removal, Blepharoplasty (Eyelid Surgery), Breast Lift Surgery, Hair Transplants / Restoration, Cellulite Treatment, and more.

Her web site and advertisements in magazines and billboards around Toronto brought patients to her Yonge Street clinic from far and wide. There didn't seem to be anything in her advertising that would distinguish her from those who really had certification in a recognized specialty. In fact, the words "plastic surgery" was actually used for a long time on one of her web pages.

Over the last few years, reports surfaced that complaints were filed from doctors and even a lawyer with the College of Physicians and Surgeons of Ontario (CPSO). But, to no avail, this regulatory body allowed her to practice whatever she did, without apparently inspecting her private clinic, even after complaints were filed.

The CPSO's Policies on Advertising were ignored. Even though there were restrictions on who could use the words "plastic surgeon", it didn't keep Yazdanfar from using that term.

On November 20, 2006 her web site actually said this:

"Falling under the broad category of plastic surgeon, a cosmetic surgeon in Toronto is a certified doctor who performs surgical procedures that alter the aesthetic appearance of a patient."

Krista Stryland had no idea that her doctor with the fancy web site, and slick ads in the plastic surgery magazine, was NOT a plastic surgeon, despite the fact that the diplomas, certificates and pictures on the walls of her office would have the average potential patient believe otherwise.

The bottom line is that this beautiful young woman placed her life into the hands of a doctor without a recognized specialty, who apparently just started using a new laser liposuction machine in her practice. According to news reports, her life ended shortly after the liposuction was terminated because she had a cardiac arrest.

Any sudden and unexpected death in Ontario demands an examination by a medical examiner, and whether or not the case will be deserving of a full inquest may take a few more weeks. An actual inquest itself might take years to actually start.

Meanwhile recognized specialty groups have paraded out their big guns on TV, radio and in every major news media organization in Canada. With eyebrows raised, and thumbs down, their spokespersons have openly criticized not only the doctor who did the procedure, but they threw slings and arrows at the CPSO, too.

LipoWatch will summarize the significant articles and media coverage and provide links to the associations, professional regulatory colleges, and others who have something to say about this case.

Feel free to leave your thoughts here. They will be monitored. If you have a story to tell, just leave it here and we will review them.

Thanks,

LipoWatcher

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