Were You Given a Surgery to Which You Did Not Consent?

Discussion in 'Main Forum' started by DianaCox, Jul 24, 2015.

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    DianaCox

    DianaCox Bad Cop

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    I would like to start collecting names and contact information for people who woke up with surgeries to which they did NOT give consent. Please post a link to this thread to all the message boards you belong to, or some other way of getting the word out. I hope that when the ASMBS, state medical licensing boards, and insurance companies fully understand what is being done, they will put pressure on these unscrupulous surgeons who are operating on people without fully informed consent (or who are committing insurance fraud).

    I am working with at least one surgeon who only does the standard, two-anastomosis DS, and am trying to get more on board, to take some sort of action that will put surgeons, insurance companies and PATIENTS on notice that THE NOMENCLATURE FOR A STANDARD DUODENAL SWITCH MUST BE CLEARLY DISTINGUISHED FROM ALL OF THE "NEW" PROCEDURES THAT ARE BEING DELIBERATELY CONFABULATED WITH THE DUODENAL SWITCH.

    We are hearing about more and more cases of people who asked for a DS, were told they were getting a DS, but woke up with a SADI/SIPS/LoopDS. Some people had the procedure "disclosed" but misrepresented, as being "the new DS," "the improved DS," "the modern DS," and/or "just like the old DS, only better and/or safer." None of these things are true.

    In fact, the SADI/SIPS/LoopDS are experimental procedures, at least in the US. In fact, there is a current clinical trial being conducted - presumably to rebut this allegation - which is being run by Covidien and/or Medtronic (they make surgical supplies) https://clinicaltrials.gov/ct2/show/NCT02275208. I believe that clinical trial is being conducted by Roslin (NY), Cottam (UT), Enochs (NC), possibly Sudan (NC), and Metz (NC). I submit that this proves that these surgeons know that the SIPS at least is an experimental procedure (and it is only VERY slightly different from the SADI).

    I think these experimental procedures have promise - in fact, I hope they replace the RNY entirely. But at the moment, they are experimental, and they are being falsely characterized as "just like a DS" when in fact THEY ARE NOT - in particular, there is no selective fat malabsorption with these procedures, and FAR MORE fat, protein and carbohydrate absorption overall. I think that the authorities are going to find that claiming it is "just like a DS" is false and fraudulent advertising, and certainly is "bait-and-don't-switch." And the patients - who don't realize that they can't eat like a DSer - are going to pay dearly.

    Moreover, most of the surgeons are submitting for these experimental surgeries under the CPT code 43845 - which is the code for the standard duodenal switch! I suspect that this might be insurance fraud - in fact, BCBSNC has now refused to cover the SADI/SIPS, and is calling it an experimental/investigational procedure. I agree with them!

    Still further, I have been reviewing (and copying) websites and "informed" consent forms and surgery reports, and it is clear that this prevarication is deliberate - hoping to conflate the standard of care status, backed by years of research and results, of the standard two anastomosis duodenal switch, with sneaking these new procedures through under the radar of the patients' informed consent and the insurance companies' refusal to pay for experimental procedures.

    And these surgeons who are trying to force these procedures on their patients? Shouldn't they be doing these EASIER procedures at a discount, especially for self-pays, since they are experimental? But no - they want their full payment, of course!

    I can only imagine how angry, upset, devastated and betrayed I would be to find out that i had been deceived by my surgeon. THIS MUST STOP! There needs to IMMEDIATELY be a consensus on the nomenclature for these experimental, single anastomosis procedures that CLEARLY AND DEFINITIVELY DISTINGUISHES, with no ambiguity, between the standard DS which has almost 30 years of results and experience to rely on, and these new experimental procedures which have NO long term results yet. There needs to be a COMPLETELY SEPARATE AND DISTINCT CPT code for this procedure, so that patients and insurance companies KNOW WHAT THEY ARE GETTING AND PAYING FOR. At the very least, the surgeons should understand that there are lawsuits being prepared, and a flock of attorneys in each state looking to hit the up with charges of malpractice, battery, fraud, misrepresentation and anything else a clever med/mal attorney can come up with.

    If you are one of these patients who woke up with a surgery to which you did not consent, please post - or send to me by PM or email or however you can get it to me - the following:
    • Your name
    • Your surgeon's name
    • What procedure you thought you were getting and why you thought that
    • A copy of your surgery consent form
    • A copy of your surgery report
    And feel free to detail how angry and betrayed you feel about this.
     
    Last edited: Jul 24, 2015
    kcgt, dguaton74, marissamast and 5 others like this.
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    DianaCox

    DianaCox Bad Cop

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    Jawad's website is HIGHLY misleading: http://www.jawadmd.com/services/non-surgical-weight-loss/

    "The duodenal switch is known by multiple names, including DS, SADI, and biliopancreatic diversion with duodenal switch."​

    This is utter crap - but crap that is TYPICAL of how the SADIsts are misrepresenting what they are doing. (And why is it listed under "non-surgical-weight-loss"?)
     
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    DianaCox

    DianaCox Bad Cop

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    To paraphrase what a DS surgeon told me: "I am seriously concerned that all the good that has been done with bringing the DS into its current status of being treated as standard of care in bariatric surgery, is going to be destroyed by these surgeons doing all these other surgeries and calling them DS; in particular, that insurance companies, Medicare, etc., are going to conflate what is going on with these experimental procedures (especially if their results are worse than the DS), and clamp down on the DS along with them."
     
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    southernlady

    southernlady Administrator Staff Member

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    Might I suggest a slight change to the title:
    Given a surgery for which you did not give consent?
     
  5.  
    robs477

    robs477 Now an Angel in heaven

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    Dear @DianaCox@DianaCox, I really dont want it to look like I always just keep on "blowin your Bugle" on here ;)....but you really are my Hero! and Larra too :D
     
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    DianaCox

    DianaCox Bad Cop

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    I'm not fully caffeinated this morning - I'm not sure I understand why you think I should change the title? Is it because it sounds like I personally was given the wrong surgery, rather than being addressed to OTHERS who were?
     
    KathrynK likes this.
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    southernlady

    southernlady Administrator Staff Member

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    Yeap, that is what it sounds like.
     
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    Munchkin

    Munchkin Full of Fairy Dust

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    I agree completely! There is no excuse for misrepresenting the surgical procedure you perform on a patient. EVER!
     
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    JenKapNC

    JenKapNC Active Member

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    Deleted my post... sorry I misread what was stated.
     
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    southernlady

    southernlady Administrator Staff Member

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    You can edit posts...you don't have to delete them.
     
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    Larra

    Larra Well-Known Member

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    Diana, did you perhaps mean that with the SADI et al there will be more absorption, or that there will be less malabsorption? What you have written is that there will be more malabsorption, and I don't think that's what you meant to say.
     
  12.  
    DianaCox

    DianaCox Bad Cop

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    Fixed it - thanks! Thank you for reviewing it! I'm good at editing and proofing other people, but myself, notsomuch.
     
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    julie

    julie Member

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    I posted the link to here in a FB group I'm in, and as I suspected it is falling on deaf ears. It's a small group, less than 50 people and maybe 5 of them ended up with a Loop, but thought they were getting a DS. None of them care. They all basically shrugged their shoulders when they found out what surgery they really got. The 2 comments I got on the post basically state "I love my surgery and my doctor". It's really sad.
     
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    DianaCox

    DianaCox Bad Cop

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    Denial ain't just a river in Africa.

    Perhaps they will feel differently if they start regaining or getting bile reflux. Or maybe they'll be lucky.
     
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    julie

    julie Member

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    I think they are in denial and don't want to admit they didn't react right away or got such a good brush over job when they were told what they really got that they were blindsided about it. Something like that. They all think their surgeon is some type of god, but when I talk about him or bring up anything regarding people having the wrong surgery, they get defensive. One of the people who commented was going on about how great she's doing, yet not even a month ago she posted about how bad she's doing. So they totally leave out all negative parts when it fits them.
     
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