Vote
Patient VS Bosley Hair Transplant Group
(Gross Negligence, Repeated Acts of Gross Negligence, Aiding and Abetting the Practice of Unlicensed Medicine, and Unprofessional Conduct)
Description
The following letter I wrote to Robert Spurrell for a resolution and got no response:
"I am writing to file a formal complaint about hair restoration surgery performed on me at your Beverly Hills center on 8/19/15. Here is a summary of events before, during, and after the surgery:
I paid a $1000 deposit to register for surgery which would take place on 8/19/2015. During the registration, I was advised of the different surgery options and prices. I said that I could afford $10,000.00 for the restoration and was told that, if I paid $5,000.00 up front, Bosley would finance the balance. I had seen many ads for Bosley over the years and believed that I would see significant improvement with minimal pain and scarring by undergoing the surgery.
· On the date of surgery, I was given a pre-surgery photo shoot, briefed on my specific balding pattern, and was offered a discount if I went with 2,800 grafts. I declined the discount.
· I was taken into surgery and was given pain medication and a sedative. Before the sedative kicked in the surgeon, Dr. David P. Deutsch, gave me the financing contract to sign, and summarized what the contract said. I handed over the remaining $4,000.00, signed the contract, and fell asleep.
· During the procedure, I awoke in pain as Dr. Deutsch was slicing my head and a nurse was counting the slices. Her count was way off as he proceeded, but I was under too much medication to say anything.
· I had been told during my phone consultation that a trained surgeon would be placing all the grafts, that there would be very little pain and very little recovery time afterward. This was a lie. As I remained in my half awake/half sedated state, several different attendants – not the surgeon - placed the grafts in my head. I could feel the pain as the surgery proceeded but, again, I was too sedated to say anything. After surgery, still, in pain, I was sent on my way to drive myself home.
· The next day, I was scheduled to come back for a hair wash but I was in too much pain and could not see as my face was swollen up due to the procedure.
· I called Bosley several times over the next few days to express concerns about the pain which did not seem to be diminishing. I was told that this was normal, and was denied pain relief by the doctor who told me the pain would go away soon.
· For the next two weeks, I continued to bleed from the donor area and was so swollen that my family could not recognize me.
· Almost four months after the surgery, I am still in pain, I am unable to sleep well, and I do not see a noticeable difference from the pre-surgery pictures.
: This is an unacceptable result for the $5,000+ that I have spent so far on this surgery.
Why was I not told before the surgery that it would take up to nine months to see results?
Why was I not forewarned of the amount of post-operation pain on both the donor area and the head, and scarring on the head?
I feel that Bosley has misrepresented itself to me and many others as I have learned from reading dozens of customers’ complaints on the Internet. I am demanding a full and immediate refund of all costs and cancellation of the financing contract. While this will not lessen the physical pain and scarring, it will mitigate the financial loss I have suffered due to this botched surgery.
Failing your agreement to this, I am prepared to file formal complaints with the Medical Board of California and the California Attorney General. I also am not ruling out contacting a medical malpractice attorney. Based on the number of complaints I have seen so far, and I am sure there are many more, a class action suit against Bosley is not out of the question."
When I got no response I filed a complaint with the California Medical Board and this is what they are charging the doctor with:
"FIRST CAUSE FOR DISCIPLINE
(Gross Negligence) Respondent David Paul Deutsch, M.D. is subject to disciplinary action under
8.
Business and Professions Code section 2234, subdivision (b), in that he committed gross.
negligence during the care, treatment and management of one patient, as follows:
A. On or about August 19, 2015, Patient 1, then 41 years old, underwent a hair
transplant procedure at the Bosley Medical Group's Beverly Hills office. B. Patient 1 was aware of the Bosley Medical Group due to the number of
advertisements and promotions he had seen over the years. C. On or about August 10, 2015, Patient 1 contacted Respondent about having hair
restoration surgery. Patient 1 scheduled an appointment for August 15, 2015, at
Respondent's Fresno location.
D.
Patient 1 then scheduled hair restoration surgery with Respondent for August 19, 2015. Using a credit card, Patient 1 prepaid Respondent $1,000 to reserve a
E.
surgical suite for August 19, 2015. On the date of the scheduled surgery:
1) 8:00 a.m.: Patient 1 arrived at the Bosley's Beverly Hills office. 2) 8:04 a.m.: Patient 1 was seen by a sales consultant who was not a
licensed physician and surgeon or other licensed healthcare provider. The sales consultant discussed Patient l's medical history which was significant for asthma and depression. Patient 1 reported that he took Prozac and aspirin daily. Patient 1 further reported that he rarely used
Albuterol for his asthma. The sales consultant then discussed the
extent of the patient's hair loss and the benefits of hair transplants with
Patient 1. The sales consultant then had Patient 1 sign a document
In order to protect the privacy rights of the patient, the patient is referred to as Patient 1. The true name of the Patient is known to Respondent and will be provided upon his timely request for discovery.
4 Patient 1 kept the appointment; however, neither Respondent nor anyone from his office -attended.
(DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
entitled: "Bosley-The World's Most Experienced Hair Restoration Expert-Important Information from Bosley-Please read care fully[.]"
3) Both Patient 1 and the sales consultant signed the document.
4) Paragraph 7 of the document reads, “All aspects of the medical and
surgical care you receive at Bosley are directed by and controlled by your Bosley Physician who has board-certification or equivalent
credentials in a surgical specialty such as general, plastic, dermatologic
or ear, nose, & throat surgery." . 5) Respondent is an independent contractor for the Bosley Medical
Group. 6) Respondent was not board certified at the time of the scheduled
surgery. 6
7) In California, a physician and surgeon cannot claim or advertise board
certification in hair restoration surgery.
8) After the sales consultant and Patient 1 executed the “important
.
information” document, Respondent entered the room. This was the first time that Patient 1 met Respondent or any licensed medical
professional regarding his anticipated hair restoration surgery.
9) Respondent looked at Patient 1 and determined that Patient 1 had
Androgenetic Alopecia Type 5 and found that Patient 1.has a "good
supply of donor hair.” Respondent recommended "restoring the.
hairline” and “add density.” He also recommended the possibility that
two or more procedures may be desired. Respondent further discussed
the use of Propecia. 10) Respondent recommended "1800-2800 grafts- max 2800[.]"
S All physicians at the Bosley Medical Group are independent contractors.
Respondent, at one time, was board certified in thoracic and general surgery. During his meeting with representatives of the Medical Board of California, Respondent stated that he was board certified by the American Board of Hair Restoration Surgeons.
• (DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
11) Respondent's preoperative report contains the following notations:
not on medications currently? and 2) patient is not driving.
12) 8:18 AM- Patient 1 is brought into the procedure room.
13) 8:23 AM – Patient 1 executed a medical consent form. 8
14) 8:24 AM- the medical consent was witnessed by a Bosley Medical
Group employee.
15) 8:42 AM- Respondent initialed orders to give 1) Valium 2.5 mg
orally, 2) Keflex or Erythromycin orally, 3) Lidocaine local, 4) Marcaine locally and to dispense Vicodin, ibuprofen, Ambien, &
Medrol.
16) 8:43 AM- Photos of Patient 1 completed. 17) 9:08 AM- Patient 1 executed an invoice in the operating room for a
total financial obligation of $13,550. Patient l's invoice included
another $400 for an additional 100 grafts, 100 grafts over the
maximum number that Respondent recommended. Patient 1 was now obligated to pay for 2,900 grafts even though Respondent
recommended a maximum of 2,800 grafts. 18) 9:10 AM Financial Collection completed-- Patient 1 paid a Bosley
Medical Group employee $4,000, in cash, and executed a financial
· obligation contract of $8,550 through Healthcare Finance Direct, LLC. 19) 9:20 AM- Keflex 500 mg, prednisone 15 mg, and 2.5 mg valium
·
given orally.
20) 9:50 AM- Local anesthesia completed- lidocaine and Marcaine were
given.
21) 10:10 AM-Donor tissue (strip) removed and sutured. 22) 10:10-10:35 AM-Recipient Site incisions started & completed.
Patient 1 told the sales consultant that he, Patient 1, was taking Prozac and aspirin, daily. 8 The medical consent was executed 10 minutes after Patient 1 met Respondent. 92300 surgical incisions were performed in 25 minutes.
6 (DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
23) 11:00 AM-Graft placement by medical technicians was begun. 24) 1:30 PM- Local Anesthesia (Marcaine) is applied to recipient site. 25) 1:35-1:53 PM-Extra recipient site incisions started and completed. 10 26) 2:30 PM-Local anesthesia (Marcaine) applied to donor site. 27) 4:26 PM- Graft placement is completed by medical technicians. 28) 4:40 PM- Keflex 250 mg and prednisone 15 mg given orally.
29) 4:45 PM- Patient released from procedure room.
30) Respondent's operative report contains the following entries: hair
transplant to front, top, back; patient satisfied; and, donor tissue removed. Report contained the additional information that "Patient tolerated the procedure well without distress. Patient verbalized his understanding of all meds and post-op instruction. Stable for
discharge per [Respondent].”
F. Post-Operative Time Line:
1) August 19, 2015, at 9:00 PM- Respondent documented that he called
patient and patient reported "no problems." Patient 1, however, reported that he was experiencing pain and had only received 3 or 4 ..
pain pills.11 2) August 21, 2015, Patient 1 did not present for "hair wash.” 3) August 21, 2015-Patient called Respondent, complaining of pain and
swelling. 4) September 22, 2015- A Bosley Medical Group employee telephoned
Patient 1. Patient 1 did not answer. A message was left but Patient 1
did not return call. 5) September 27, 2015—Patient 1 emailed Respondent, complaining of
pain, numbness, and no growth. 6) November 12, 2015-Respondent advised by his attorney that Patient 1
10 640 surgical excisions were performed in 18 minutes.
11 Respondent's records indicate that Patient 1 received 12 Vicodin tablets and three. Ambien tablets..
(DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
failed to make timely payments to the financing company. 7) November 12, 2015-Respondent's attorney was contacted by Patient 1
with complaints of pain. Patient 1 advised to see Respondent. 8) December 9 through 17, 2015-several failed attempts by Patient 1 to
see Respondent. On December 14, Respondent left a voicemail message for Patient 1. On December 15, 2015, Respondent spoke to Patient 1 by telephone. Respondent reassured Patient 1 that his issues
would resolve. G. The following acts and omissions, considered individually and collectively,
constitute extreme departures from the standard of care.
2)
Allowing Patient 1 only 10 minutes to give his informed consent. Not having Patient 1 execute the financial agreements prior to surgery and outside the waiting room. Performing 2,900 grafts after advising Patient 1 that the maximum number of grafts would be 2,800. Having non-medical personnel, consultants and technicians diagnosing hair loss and recommending hair restoration surgery. Having non-medical personnel insert hair follicles. Performing surgery without performing a physical examination.
5)
6)
SECOND CAUSE FOR DISCIPLINE
(Repeated Negligent Acts) 9. Respondent David Paul Deutsch, M.D. is subject to disciplinary action under Business and Professions Code section 2234, subdivision (c), in that he committed repeated negligent acts during the care, treatment and management of patients, as follows:
A. Complainant refers to and, by this reference, incorporates herein paragraph 8,
above, as though fully set forth.
S
.
B. The following acts and omissions constitute departures from the standard of care.
2)
Allowing Patient 1 only 10 minutes to give his informed consent. Not having Patient 1 execute the financial agreements prior to surgery and outside the waiting room.
(DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
3)
4) ·
01
Performing 2,900 grafts after advising Patient 1 that the maximum number of grafts would be 2,800. Having non-medical personnel, consultants and technicians, diagnosing hair loss and recommending hair restoration surgery. Having non-medical personnel insert hair follicles. Performing surgery without performing a physical examination.
5) 6)
THIRD CAUSE FOR DISCIPLINE
(Aiding and Abetting the Unlicensed Practice of Medicine) 10. Respondent David Paul Deutsch, M.D. is subject to disciplinary action under
Business and Professions Code section 2264, in that he aided and abetted unlicensed individuals
to engage in the practice of medicine, as follows:
A. Complainant refers to and, by this reference, incorporates herein paragraph 8,
above, as though fully set forth.
FOURTH CAUSE FOR DISCIPLINE
(Unprofessional Conduct)
11. Respondent David Paul Deutsch, M.D. is subject to disciplinary action under Business and Professions Code section 2234, generally, in that he committed unprofessional conduct during the care, treatment and management of Patient 1, as follows: .
A. Complainant refers to and, by this reference, incorporates herein paragraph 8,
above, as though fully set forth.
//
(DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
PRAYER
WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Medical Board of California issue a decision:
1. Revoking or suspending Physician's and Surgeon's Certificate Number G 83289, || issued to David Paul Deutsch, M.D.; 61 2. Revoking, suspending or denying approval of David Paul Deutsch, M.D.'s authority
| to supervise physician assistants and advanced practice nurses; 8 3. Ordering David Paul Deutsch, M.D., if placed on probation, to pay the Board the
costs of probation monitoring; and, 10 | . 4. Taking such other and further action as deemed necessary and proper.
DATED: August 8, 2018
KIMBERLY KIRCHMEY Executive Director Medical Board of California Department of Consumer Affairs State of California
Complainant
LA2018501481 52960574.docx
10
(DAVID PAUL DEUTSCH, M.D.) ACCUSATION NO. 800-2015-018559
3 years have passed and I have been unable to get the resolution I need from these acts of malice against me. My wife has left me due to not being attracted to me anymore and I blame Bosley for this. Yes, I was starting to bald, but I was not looking like Frankenstein like I am now. I have a massive scar across the back of my head, from ear to ear. My hairline looks like a dolls hairline and I constantly wear a hat. I do not attend church anymore due to the looks I would get from wearing a hat while in service.
Since my surgery, my life has been upside down and I am asking your help to alleviate my suffering. The only way I can see to fix this is to have Bosley pay for me to get another surgery from another doctor as well as pay some punitive damages. Thank you for considering my request for relief.