HPARB rejects complaint

HPARB (Health Professions Appeal and Review Board), Ontario's agency that listens to public complaints about the shortcomings of the various regulatory bodies for health professionals has rejected a complaint that was filed against the CPSO (College of Physicians and Surgeons of Ontario) way back in 2006. The original complaint from a medical doctor in Ontario back in November 2006 went nowhere. It was appealed to HPARB and sat on their desk for months until April 11, 2008 when the appeal was heard before three members of their Board.

The case # 9050 - There is no record of this anywhere in any Canadian legal database. We don't know why.

HPARB sat on it until March 23, 2009 to render a decision. If you want to see a full copy of their decision contact us directly.

Here is what they had to say:

"..the Board confirms the decision of the Complaints Committee to take no further action in relation to the complaint, but recommends that the College consider whether a licensed family physician whose practice is cosmetic medicine be required to use, when set forth credentials, clear language to convey that he or she is a licensed as a family physician."

This basically lets Yazdanfar off the hook. She is still basically practicing as she was before, with only minor changes to her own web site.

In April 2007 the CPSO initiated a new policy called the Cosmetic Procedures Initiative: Steps to Improve Patient Safety - Implementation of four-point plan to ensure public safety.

You can follow the links to various efforts that they have made. Whether or not anybody is going to be taken to task for not complying is yet to be seen.

One of these is from the Council Updates in April 2008.

"Council approved regulation amendments that will require physicians to be clear and accurate about their credentials and training in their advertising and other communications with patients."

Did Yazdanfar do anything to adhere to these updates?

She and her husband continue to operate their TCC and issue press releases as if nothing has happened. She still says this about herself:

"Dr. Behnaz Yazdanfar is a premier Toronto doctor based in North York, Ontario, Canada. Leading a dedicated and professional staff at Toronto Cosmetic Clinic, she focuses on surgical and non-surgical cosmetic surgery procedures, having performed cosmetic procedures since the year 2000. She frequently performs breast augmentation and liposuction, as well as several other aesthetic procedures."

Of course there is no mention of Krista Stryland or the lawsuit.

If you are upset about this, talk to your MPP to the Ontario legislature. HPARB has basically rubber-stamped whatever the CPSO did. The public has no redress.

RipOff Report on Dr. Yazdanfar

• Toronto Cosmetic Clinic Deceitful Risky NOT a surgeon!!

Posted February 18, 2009

The post below was posted by a former patient of Yazdafar on Ripoff Report.com. Liposuction Watch is not responsible for the content of the post, and the spelling mistakes have been left as they were posted.

Dr. Yazdanfar may be successful at getting patients, due to the lies she tells, and the trust that people put in her without knowing she is NOT really a surgeon at all; but she has trouble keeping them, because alot of them end up with problems that need to be fixed by a certified Plastic Sugeon.

I was an unfortunate patient of Dr. Yazdanfar for a breast Augmentation...unfortunitly for me I developed a capsular contracture (the most common of all complications) so Dr. Yazdanfar removed my scar tissue, only for the same thing to happen almost instantly again. After which I was advised to leave the capsule in place and put a smaller implant inside to regain the softness. I had never heard of this, so when I got home I started researching to find that that is NOT a treatment option!!!!

Why would she recommed something to me that was unheard of in the cosmetic Surgery community?? Next I discovered that she was NOt a surgeon...just a family doctor, and that it is very dangerous for you not to have an I.v. in the recovery room, as it is needed for emergencies. (thank god I never had an complication in recovery after my surgery)

A certified Plastic Surgeon saw me, and had to remove the implants and the scar tissue (with next to no pain or bruising)...and I have to wait 4-6 months to heal from what she did, before he can do a recontruction. So after two painful surgeries with her, I can tell you first hand it is not worth the risk...she needs to be stoped. She calls herself a surgeon...she's NOT

Must end
guelph, Ontario
Canada

• More from RipOff Report

Lipo patient's wounds 'excessive'

• Toronto Star July 23, 2008

Tanya Talaga
Robert Cribb

Woman who died after surgery allegedly had 23 incisions, court documents show

A Toronto mother who died after liposuction surgery last year allegedly had 23 incisions made in six different body parts in one session – an "excessive" amount that could have contributed to her death, according to allegations in court documents.

The provincial coroner also raised red flags about the number of incisions and body parts, the documents show. "The patient had liposuction on both legs, buttocks, back, abdomen and chest wall. This seemed to be excessive," says a memo written by college investigator Sandra Keough quoting Dr. James Edwards at the Office of the Chief Coroner. "There was a lot of locations for fat removal and this may play into the cause of death."

The search for integrity in the cosmetic surgery market

• CMAJ - January 29, 2008

The death of a Toronto woman from complications following liposuction has prompted Ontario to undertake a wholesale review of the regulation of cosmetic and aesthetic surgery, and sparked a national debate over which physicians should be allowed to perform invasive procedures.

Following Stryland’s death, the College of Physicians and Surgeons of Ontario canvassed the more than 2400 members to determine the extent to which doctors may have expanded their practices to include cosmetic and aesthetic procedures without having obtained appropriate training. It is believed several hundred doctors, mostly family physicians, have been advertising themselves as “cosmetic surgeons,” but have not been telling patients they are not formally qualified to perform surgery.

A present that could leave you scarred

The Daily Mail - UK

By LEAH HARDY -

11th December 2007

• http://tinyurl.com/35r262

When Denise Zaccaria's children grew up and left home, she felt it was time "to do something for myself".

So, at the age of 42, she decided on breast implants. "I was still quite young, and wanted to have a nice figure again. I thought of it as a treat, like a facial or pedicure. It didn't occur to me that it could go wrong."

The Nottinghamshire office manager tried to be responsible in choosing a surgeon, asking friends for recommendations. She finally found what she thought was a reputable clinic, and paid a visit.

"As soon as I walked in, they tried to book me in for surgery. Then they kept calling me. I felt pressured and didn't trust them," she says.

Then a friend suggested a clinic she'd heard about in Manchester. "I made an appointment and met a surgeon, who was from abroad.

"I had one brief meeting and he was keen for me to go ahead quickly. He seemed nice and I decided to trust him. I was never warned about complications, just that my implants would probably last 15 years."

However, a few years after the operation, Denise felt a hard ridge under her left breast.

"I thought I had breast cancer and was petrified. Soon, both breasts were hard and tender. I could no longer sleep on my front and my breasts started to look unnatural."

Denise was suffering from encapsulation - where scar tissue adheres to the implant. It's a complication in up to one in ten breast operations. But no one had warned Denise.

Her experience is not unusual. Experts warn that many women are having cosmetic surgery with no idea of the risks.

Inspired by celebrities and TV makeover shows, more of us are turning to surgery to improve our looks.

The number of procedures has risen from 202,000 to 700,000 in just four years. And with Christmas around the corner, clinics are experiencing a boom.

"We've seen a huge demand for vouchers, and we expect to see even more in the run-up to Christmas," says a spokeswoman for Transform Cosmetic Surgery Group, Britain's largest chain.

According to the British Association of Aesthetic Plastic Surgeons (Baaps), many people choose treatments such as Botox injections at this time of the year as a treat.

To cash in on this booming market, some other clinics are breaking the law.

A recent report from consumer watchdog Which? exposed an array of hardsell tactics, including offering patients discounts to book immediately (against the industry's code of conduct), advertising Botox (illegal) and using "before and after" photographs without making it clear the results are not achievable for everyone.

Which? says all this breaches the letter and spirit of codes of conduct of the regulatory bodies that govern the industry's behaviour.

None of this comes as a surprise to leading cosmetic surgeon Dai Davies. He is a former research fellow and examiner for trainee surgeons for the Royal College of Surgeons, as well as a consultant in plastic and reconstructive surgery at three London NHS hospitals.

He has long been concerned by the lack of industry regulation.

"It's been going on for years," he says. "The Government had the opportunity to do something about these abuses, but chose not to by opting for self-regulation.

"Cosmetic surgery is big business, so it's not surprising to get the 'pile 'em high, sell 'em cheap' mentality.

"Many women spend more time picking a bathroom suite than choosing their surgeon. Yet surgery is a serious matter."

Davies says patients don't realise the true complication rate of their chosen procedures, or may be at risk from "cut-and-run" foreign surgeons who fly to Britain to perform conveyor belt operations, then disappear home.

"I would urge women to be careful of foreign surgeons who fly in from abroad. They may meet the patient only on the day of the surgery.

"Also, British training is longer than in Europe. You can get on the specialist register in Greece after three years. Here, it is six."

Consultant plastic surgeon Norman Waterhouse, a former president of Baaps, agrees.

"The principles of best practice would seem compromised as the surgeon would operate, then leave the next day, which doesn't allow for continuity of care," he says.

Face-lifts, tummy tucks and liposuction also have high complication rates, including nerve damage, chronic pain and even death.

Former Scotland football captain Colin Hendry's wife, Denise, nearly died in a bungled liposuction operation five years ago, when her bowel was pierced six times.

Last October, she was rushed into hospital suffering from a recurrence of the blood infection that put her in a coma for five weeks and left her badly scarred.

In a separate case, surgeon Brian Gwynn, 54, is facing an inquiry by the General Medical Council after being accused of leaving at least six patients disfigured and in pain after breast operations.

The Medical Defence Union, the biggest provider of medical indemnity to doctors, has paid out just under £8.5 million in compensation and legal costs over the past ten years to patients harmed by cosmetic surgery.

"Some patients have unrealistic expectations of what can be achieved by cosmetic procedures, and what risks are involved," says Dr Christine Tomkins, deputy chief executive of the MDU.

Dai Davies urges caution. "Most cosmetic surgery is safe, because it is performed on healthy people, but bad cosmetic surgery is with you for life."

When Denise Zaccaria was told by her GP that she was suffering from a complication of her surgery, she chose not to return to the clinic where she'd had the operation.

"Instead, I chose a fully qualified British-based surgeon at a Reform clinic. This time there was no hard sell. My surgeon was very honest.

"He warned me that encapsulation could happen again, and that the operation would involve the removal of scar tissue, making it more complex.

"He wanted two consultations with me before I went ahead and, because of my fear of cancer, insisted on a mammogram and ultrasound scan between the two.

"The results of my second surgery are great, though it hurt more afterwards, probably because of the scar tissue removal."

Here, Dai Davies explains the health risks of the most popular forms of surgery:

• BREAST AUGMENTATION: Small risk of internal bleeding and infection. Much higher risk of encapsulation, where scar tissue builds up around the implant, causing pain and a strange look to the breast.

• LIPOSUCTION: The third most popular cosmetic surgery procedure, with demand up 90 per cent since 2005. Complications, while rare, can be serious. Internal organs can be punctured, leading to blood poisoning, and clots that go to the lung. Patients can go into shock, develop infection or suffer injury to internal organs. They can also be left with dents, lumps and sagging skin.

• TUMMY TUCK: There are many complications involved, and some surgeons think of it as a two-stage procedure. The first to do the operation and the second for "touch-ups", such as removing excess skin. There can also be problems with wound healing, scarring and infection.

• FACE-LIFT: Immediate risks include bleeding, scarring, asymmetry and lumpiness. Nerve damage is common. All patients will have temporary numbness, but for one in 1,000 cases it is permanent. One in 100 can be left with an asymmetric smile.

• RHINOPLASTY (NOSE JOB): While complications are unusual, this has a high dissatisfaction rate. Some patients can't breathe through their new nose or are unhappy that too much was taken away.

• EYELID SURGERY: Sometimes too much skin is removed from the lower eyelid, resulting in "scleral show" where the lid is pulled down too much so you can see the white under the eye.

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."