Medical malpractice has reached epidemic levels in America. More Americans die because of medical mistakes than from diseases like breast cancer or AIDS.

When someone gets a hair transplant, they expect a definite improvement to their appearance. But that is all too often not the case.

There are a variety of options for the patients who are unhappy with their surgical results or the way they were treated by a clinic. Some actions are more effective than others, but I encourage patients to use a multi-pronged approach. Take action on a variety of fronts, for the most impact.

Many patients are embarrassed about getting bad results from their hair transplant, and hesitate to complain. But the only way to get some satisfaction is by coming forward and complaining. Your name will NOT end up on the front page of the newspapers... in fact quite the opposite. It might take some real effort just to get anyone to pay attention. But if you've been damaged by an unethical or incompetent clinic, then the right thing to do is raise a stink, and also try to warn others.

If someone steps in a bear trap, they should try to warn other guys not to step in it too! It's up to unsatisfied patients to come forward and complain, because there is nobody out there who is going to protect the next guy from getting hurt. In many cases these will be guys who are young and vulnerable. Nobody gets a hair transplant unless they are self-conscious about their looks to begin with. When a hair transplant clinic takes a guy like that, and leaves him looking WORSE after his surgery, it's nothing less than a crime against humanity. Unfortunately, that is all too common.

1. Confront Your Doctor and Consultant:

If you are dissatisfied with your hair transplant, make sure the people at your clinic know it. I've heard some of the worst hair transplant doctors claiming that all of 'their' patients are happy with their surgical results. Make certain that your doctor knows why you are unhappy. Show up in person for a "follow-up" consultation, and give them an ear-full. Demand a refund if you think you deserve it. Sometimes an unhappy patient can get an offer of free or reduced prices for follow-up surgery. But if the clinic has botched your surgery, my advice is NOT to give them a "second chance"!

It's typical that unhappy patients who complain will get the brush-off by their clinics. For example, clinics often tell patients who complain that "I think you look fine" even when the patient looks bizarre. Many patients who complain are told that they have "unrealistic expectations" about what a hair transplant can do. The irony is that it is usually the clinic who deliberately created those "unrealistic expectations" in order to make a sale. If the patient has any unrealistic expectations, it is the clinic's responsibility to clear them up BEFORE SURGERY. "Unrealistic expectations" are 100% the responsibility of the clinic! Doctors have known for over 30 years that "proper patient screening" is one of the key steps to a successful outcome... yet most clinics take an unethical path instead, and try to sell the surgery to every guy who walks through the door.

If the clinic won't take your complaints seriously, try discussing your concerns with the clinic's other clients. Show up early to your consultations, and discuss your issues with the other folks waiting for an appointment. Many of these guys will be nervous first-time visitors who would deeply appreciate getting some honest feedback from a real patient. Give them some feedback about your experience at the clinic.

Pass out flyers to clients entering or leaving the clinic. Take out a classified ad in your local newspaper (sometimes these ads are free). Put up "Wanted" posters around the neighborhood where your clinic is located. Make your own website. In short, raise hell. Use your imagination. Don't be a silent victim who stands by, while other people get victimized too!

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2. Contact State and Federal Authorities:

Many hair transplant clinics are breaking the law. This needs to stop!

Some of the illegal practices that you should notify state and federal agencies about: False advertising and misleading claims. Did your clinic make false or misleading claims in their advertising, or during your visit? Did your clinic make promises that they obviously couldn't keep? Many clinics mislead patients about the results they can expect. "Overselling" the surgery with exaggerated promises and false claims is common. Unlicensed practice of medicine. Many clinics hire salesmen (consultants) who have no medical training. These salesmen are breaking the law when they examine patients, make medical diagnoses, evaluate your hair loss, recommend a surgical treatment (for example recommending a certain number of grafts), or schedule a surgery before the patient actually sees a licensed doctor. This is the "illegal practice of medicine by a non-physician." It's also illegal for a sales "consultant" to get a commission for selling a medical procedure. Yet illegal commissions and bonuses are common. Lowballing estimates. Many clinics will deliberately underestimate the amount of surgery required, or the costs, in order to make a sale. This makes the process seem easier and more appealing. This is good for sales, but it is illegal. "Upgrading" your costs on the day of surgery. Many clinics will try to squeeze more money out of patients on the day of surgery, by using subtle intimidation. Many patients have been told "If you'd pay extra for some extra surgery today, you'll be much happier later" while they are waiting to undergo surgery. Few patients will decline to pay extra, when they are told it will improve their surgical results. Some patients have been "upgraded" while they are under sedation (!!!) Lack of Informed Consent. Most clinics do not explain hair transplant surgery properly, or disclose the potential drawbacks and limitations. Many clinics present their legal waiver documents to patients on the day of surgery, for the first time. That is often considered legally worthless, as many patients do not have the time to read a legal document, or may not be in the proper frame of mind, only minutes away from surgery. "Informed Consent" is the process of explaining the surgery completely, not a simple legal form that you signed. If your clinic didn't tell you the whole truth about your surgery, they probably violated the informed consent laws.

There is no need to write a new complaint over and over. Make a copy of the statement you send out and send similar complaints to other agencies. Personalize your complaint, to each agency you contact. State your complaints as clearly and concisely as possible. Agencies are less interested in YOUR bad results, and MORE interested in ILLEGAL activities. Don't emphasize your personal results, put the main emphasis on how the clinic is breaking the law.

Be sure to ask each agency for a response to your complaint. If you don't get a response, keep contacting these agencies until you get an answer.

Don't be afraid to use your real name and contact information. These agancies exist to protect us, not to violate our privacy or embarass us in public. In your statement, you might ask them to respect your privacy and use discretion when dealing with your complaint, but it really goes without saying.

There is no statute of limitations on contacting the authorities about illegal activities at a hair transplant clinic. You don't even have to be a patient of a clinic, to complain to about false advertising or other illegal activities. You just have to care enough to make an effort. If you witness deceptive advertising on TV or on the radio, for example, take a few minutes to contact state and federal agencies, and register a complaint.

Who to Contact: 1. The State Medical Board: Complaining to the State Medical Board might not have much of an impact. Even so, filing a complaint with your State Medical Board is a good first step, and it's the right thing to do. "How to file a medical board complaint" "Keep in mind that state medical boards are generally comprised of physicians. As with all such agencies that regulate occupations, members of these boards feel a personal and professional kinship with those who they regulate. In other words, doctors do not regulate doctors effectively. Claims to the contrary notwithstanding, a state medical board does not operate in your interest. Board members are not paid by you, they are not your friends, and they have no vested interest in your welfare. There is an almost total lack of discussion of the state medical boards in the national debate over medical error, which shows their irrelevance." "...The odds are extremely small that your complaint will result in a physician being disciplined. That does not mean that you should not file a complaint: you should. The best reason to file a complaint is that it might alert future customers of the doctor to his bad practices. Documenting your experience might help to prevent others from being victimized. The best weapon against bad medicine is public disclosure and awareness." How to File a Medical Board Complaint Even though your complaint to the State Medical Board might not make a big splash, file a complaint anyway. But make it part of a multi-pronged approach, and not the only complaint that you make. 2. The Attorney General: The Attorney General is concerned with protecting consumers from fraud, problems with health care and medical clinics, illegal business practices, and other relevant issues. Each state has their own Attorney General. I believe that the Attorneys General have been the ones responsible for the huge fines and discipline that Bosley Medical has been slapped with. (See the website www.BosleyMedicalViolations.com for more details.) The Attorney General for your state will be interested to hear about other clinics who are breaking the law or using unethical practices similar to Bosley Medical. To find a directory and the contact information for the Attorney General for each state, go to this website: National Association of Attorneys General 3. The FTC (Federal Trade Commission): The FTC is responsible for protecting consumers against false or misleading advertising and other deceptive trade practices. They are especially interested in cases where consumers are being harmed. According to the FTC, an advertisement is considered deceptive if it contains a material representation, or an omission of fact that is likely to mislead consumers acting reasonably under the circumstances. Advertisers are also responsible for claims that are reasonably implied from their statements. These rules apply to all advertisements, including consumer testimonials. In addition, advertisers must be able to substantiate all objective claims they make about a product or service. The FTC actually threatened to audit the hair transplant industry in the mid-90s, but somehow during a meeting with representative doctors, the doctors talked their way out of an audit. So the people at the FTC already know there are illegal and unethical business practices in the hair transplant business. Your complaint will not come as a total surprise to the people at the FTC. To file a complaint with the FTC, go to the FTC website. 4. For Canadian Patients: The Consumer Association of Canada is a resource for Canadian patients who have had problems from Hair Transplant Surgery. They protect consumers from fraud, deceptive business practices, illegal sales tactics, etc. They can be reached at: Consumer Association of Canada 5. The Better Business Bureau The Better Business Bureau does not handle medical complaints. They will only care about possible billing disputes. Don't bother contacting the Better Business Bureau unless your complaint is a billing complaint. For example, if you put a deposit down on a surgery, and then cancelled your surgery, but the clinic will not refund your deposit. The Better Business Bureau will not care about medical problems you may have because of a hair transplant clinic.

3. File a Lawsuit Against the Clinic:

A lawsuit might be the most effective way to log a complaint against a hair transplant clinic, because it hits them in the place it will hurt the most: in the wallet.

This section is not intended to be a subsititute for professional legal advice. If you have been lied to or harmed by a hair transplant clinic, then consult with an attorney as soon as possible.

I hope that my research will give some patients a jump start on possible legal action.

"The FDA does not regulate hair transplant procedures. And, because of the time and money necessary for criminal prosecution, the agency has largely given up taking action against fraudulent claims and phony baldness remedies, says Neil S. Sadick, M.D., author of Your Hair — Helping to Keep It: Treatment and Prevention of Hair Loss for Men and Women (Consumer Reports Books, 1992). "The agency now relies instead on public education and civil action to deter fraud," Sadick states."
http://www.acsh.org/publications/priorities/0903/unbalding.html

(Translation: To protect ourselves from the CROOKS in the Hair Transplant business, YOU SHOULD FILE A LAWSUIT.)

Malpractice It can be tricky to win a straight-ahead malpractice lawsuit, just because you had a bad hair transplant result. To win a malpractice lawsuit, you need to prove that there was negligence. A doctor's behavior is considered negligent when he or she fails to follow accepted professional standards of care, and that substandard care causes harm to the patient. That means that your doctor needs to have done something that other "reasonable doctors" don't do, or that the care received was below accepted medical standards. The accepted medical standards for hair transplants have previously been pretty terrible, but that may be changing. A malpractice lawsuit can be hard to win, so patients should look into other types of lawsuits, such as BREACH OF CONFIDENCE or MISREPRESENTATION. Did your clinic only show you photos of "excellent" results? In some courts, that is considered an "implied warranty". Keep every letter and brochure from your clinic, and write down everything that your clinic promised you. Ask your lawyer to consider a lawsuit based on false claims or broken promises. Here is an article called "Can You Sue?" that goes over some of the guidelines on medical malpractice lawsuits, covering topics like DECEPTIVE ADVERTISING,  INFORMED CONSENT,  INADEQUATE PATIENT FOLLOW-UP, and STATUTES OF LIMITATION. This article was written for patients who were damaged by LASIK surgery, but hair transplant patients can benefit from reading this article too: Click Here Remember that there are OTHER more successful grounds for a lawsuit besides "malpractice" such as false claims or breach of contract. Informed Consent Except in the case of an emergency, a doctor must obtain a patient's agreement to any course of treatment. Doctors are required to tell the patient anything that would substantially affect the patient's decision to go ahead with surgery. What constitutes informed consent varies from state to state, but doctors are generally required to explain: the nature of the treatment its foreseeable risks, side effects, and results reasonable alternative courses of action To prove that there was a lack of informed consent, you next need to show that a reasonable person would not have undergone the operation if had they been fully informed. The "consent form" that you may have signed before surgery is NOT a "free pass" for the clinic, that lets them get away with malpractice or breach of contract. The form needs to be presented to the patient BEFORE the day of surgery. It needs to explain the risks and complications of surgery in plain language. Many guys assume that since they signed a legal waiver, this lets the clinic off the hook for everything... That is not true! It doesn't give the clinic permission to break the law, or mislead you, or withhold information, or fall short on their promises. Statute of Limitations In most states, there is a one year Statute of Limitations on malpractice lawsuits (sometimes two years). This means that any malpractice lawsuit has to be filed before that time period has ended. These limitations vary from state to state. In some states, the countdown begins on the "date of discovery"... when did you realize that you had a problem? In other states, the countdown begins on the date of the last treatment. Many clinics tell their unhappy patients "You just need to give it a little more time, and you'll start to look better". What these clinics may be trying to do is "run out the clock" on a possible lawsuit. That's why unhappy patients are advised to investigate a possible lawsuit as soon as possible. Also, an unhappy patient might try returning to the clinic for follow-up examinations, to show he has been receiving "ongoing care". This may buy the patient more time for a lawsuit, in some states. The Malpractice Statute of Limitations Vary on a State-by-State Basis: 2004 Medical Malpractice State Laws However, if you sue your clinic due to MISREPRESENTATION or BREACH OF CONFIDENCE then the malpractice statute of limitations might not apply. Hair Transplant Doctors EXPECT to be SUED Medical textbooks and professional journals about Hair Transplantation regularly contain articles on topics like "How to Evade a Lawsuit". This is unheard of, in other "legitimate" medical specialties!!! This shows that hair transplant doctors know that they often cannot deliver on their advertised promises to patients, and they know that some of these patients will sue them. Hair transplant doctors know what the legal loopholes are, and how to use the loopholes to their advantage. Here is a sample article from a medical textbook about Hair Transplant Surgery, that gives doctors advice on how to evade a lawsuit. This article was written by a hair transplant doctor, for the benefit of other hair transplant doctors, but it explains which kind of lawsuits can work, and which kind of lawsuits will not. Read this article and then show it to your attorney! Click Here You CAN Win! It can be hard to win a lawsuit against a clinic, just because your doctor didn't do such a great job. However, for patients who were lied to or misled, or who have suffered with problems like keloid scarring, poor growth of transplanted hair, or unnatural appearance, you CAN win a lawsuit against your clinic. Malpractice attorneys will usually not take your case, unless they see a potential payoff. Malpractice attorneys work for a percentage of your damages, and don't charge a fee unless you win. So if you find an experienced lawyer who is willing to take your case, that's a sign that you can win. Many clinics will agree to a settlement before your case ever goes to court. You may be asked to sign a "silence clause" that prevents you from exposing your doctor. Patients have won large settlements, and are prevented from going public with this information. Many doctors will settle because it can be cheaper to pay for a case to "go away" rather than have to pay expensive legal fees, for a case they might possibly lose. This doesn't mean that you should file frivolous lawsuits... make sure that you have a reasonably good case, first. And make sure to pick a good lawyer. Patients won a large class-action lawsuit against the NuHart franchise, in the mid-90s. This case involved hundreds of plaintiffs, who split the damages. In September 1996, Michael Potkul, 33, won a $400,000 malpractice award against surgeon Dominic A. Brandy in Pittsburgh. Brandy had convinced Potkul that he could give him a nearly full head of hair by surgically (in six operations) grabbing the hairy back of his scalp and stretching it over the thin-haired top of his head. Potkul suffered such pain and depression by the fifth operation that he attempted suicide. http://www.drjohnbaker.com/wackymedicaldoctors.htm Over 150 patients have filed lawsuits against Drs. Gary Hitzig and John Schwinning (doing business as Long Island Medical Associates). Some of those cases were dismissed, but other cases are still pending. (Dr. Hitzig and Dr. Schwinning now have their own separate practices, and still perform hair transplants while these lawsuits are pending.) http://www.injuryassist.com/body_LIMA_litigation_IA.htm In 1996, Bosley Medical Group agreed to pay $644,724 to settle a false-advertising case in California. Bosley Medical allegedly misrepresented costs, photos, the medical qualifications of certain personnel, and pain and scarring due to surgery.

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