OiSD,
Independent does not mean unbiased. The link you referenced talks about “private” advocates. I’ll never take money from patients for what I do. I’m not pushing hair-growth schemes. I’m independent in that I am not beholden to any single doctor and if I disagree with any of the doctors that want to be a part of what I do (it’s happened a few times already) the ability to provide for my family is not put in jeopardy if/when I decide to walk (and I have walked). I don’t have to deal with childish temper tantrums, over bearing egos or any of the other things that go on when one is strapped to a desk at one clinic. I get to choose whom I want to work with based on a set of parameters that allow me to sleep at night.
Dr. Woods,
“There is no getting through to jotronic…waste of time”
You can get through to me by speaking to me like an adult. All I’m doing is pointing out some facts and asking you some point blank questions of which the answers should be quite easy to provide. Everything up to now has been evasion and distraction, which are things which you accuse clinics of doing with their videos and photos. Was Dr Pethebridge right? Ironic.
Here is why doctors cannot sue patients for speaking about their procedures.
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It is a patient’s right to say they had a surgery with their doctor, no different than is their right to say they went shopping at Macy’s. It is also a patient’s right to state their degree of satisfaction, or lack thereof, about their treatment or their final outcome. If someone signs a piece of paper acknowledging they have been informed that one of several problems may occur before they have surgery, stating online that such a problem did in fact occur does not warrant or justify legal action by a doctor. The patient is simply stating as fact that they had a procedure and they are not happy about the outcome that they were told may happen. Without embellishing the issue, a patient has no legal boundaries when discussing their own personal experience. It is the embellishments and assumptions stated as fact that can get people into trouble. It is also stating something as being their opinion when it is an opinion about something which they have no reasonable expectations of knowing enough about to form an opinion. One example would be if a patient said “It is my opinion that my doctor did not use hypothermosol as a holding solution.” There is no way for the patient to know one way or the other unless they have factual proof. This does not qualify as an opinion.
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You may be referring to bullying litigation as a way to intimidate a patient. There is this idea that suits can be filed by the rich and powerful doctor just to keep the poor patient tied up with paperwork and legal bills even when they know they don’t really have a case. This can’t happen in North America, and I think in the EU as well, due to anti-SLAPP legislation. A “SLAPP” suit (strategic lawsuit against public participation) is a suit designed for intimidation and for silence. In most jurisdictions if one feels they are being unnecessarily targeted by a SLAPP suit they need not worry about long drawn out and expensive court battles. Anti-SLAPP motions usually bypass the normal court system and go straight to a judge that looks at all the evidence and makes a decision. If the evidence shows that the suit is frivolous and intended to intimidate only, the judge will not only throw out the suit they will also award attorney fees and potential damages to the patient that the doctor will have to pay. I have experience with SLAPP issues and while the details I’ve presented here may not be exact (depending on jurisdiction) it is, in general, factually accurate.
A doctor can sue a patient if that patient speaks about the procedure in a manner that knowingly uses false information or states assumed information as being factual when it is not. This is defamation and it would be a valid basis for a suit if the patient went online and said, “My doctor screwed up and I’m unhappy with my results. He is not board certified and his diploma is a fake.” It would be up to the doctor to present proof that he is board certified and he does have a real diploma and then he would be free to sue his patient for defamation.
In summary, a doctor CANNOT sue his patient for going online and saying he’s unhappy just because the patient signed a required informed consent form before surgery. CAN’T. HAPPEN. PERIOD. No way, no how.
I just got off the phone with the Australian Health Practitioner Regulation Agency. Nice people. I was asking them about informed consent and they did confirm that it is an absolute across the board in your country. You must obtain informed consent from your patients. This would require you to inform them of the possible complications that can arise from your surgery such as the various forms of scarring that can occur. These include pitting, cobble stoning and ridging. Patients can also experience poor to no growth. Having surgery of any kind can result in the formation of keloid scarring not to mention the activation of previously undiagnosed lichen planopilaris. Anesthesia used for pain reduction can lead to “pins and needles” sensations and even long term numbness. The use of adrenaline injections can have cardiac related side effects.
These are not side effects unique to YOUR surgery. These are side effects that can occur with any FUE surgery. Are you informing your patients about this?
What size punch(es) are you using? Any other clinic in the world would be happy to disclose this but you don’t. Why do you knot disclose this? I know that in August of 2007 you made a modification to the “mechanized portion” of your FUE procedure (that’s what the report says). Do you still employ a mechanized device for your FUE procedure or have you switched back to full manual, if you ever used full manual to begin with?
I’m only asking these questions because you claim transparency and you’ve been making false statements about the use of legal forms for years. Instead of answering my initial questions you decide to insult me and play games so now I want to get to the bottom of this. I’m waiting for more in depth information from the Australian Health Practitioner Regulation Agency regarding informed consent. I’m also waiting to hear back about practice scope and specialities, among other things.
By the way, your license is set to expire in September, 2016 so don’t forget to renew.