Med mal complaint filed against Metairie plastic surgeon

Michelle Massey Jan. 24, 2011, 2:00am

A Metairie plastic surgeon is facing a medical malpractice lawsuit for performing a birthmark surgical procedure on a four-year old which allegedly caused severe disfigurement.

William Hoffman and Brandi Hoffman, individually and on behalf of their minor child, have filed a lawsuit against Dr. John T. Lindsey and Houma Outpatient Surgery Center on Jan. 14 in federal court in New Orleans.

On Jan. 30, 2008, Dr. Lindsey performed a nevus sebaceous (birthmark) surgical excision procedure on the child's chin and neck. According to the lawsuit, the procedure caused a severe skin contracture of the child's lip, chin and neck. The contracture causes the child's lip to be pulled down causing an incomplete lip competence and caused a tethering of the midline of the neck, preventing full neck extension.

Dr. Lindsey is accused of failing to comply with the accepted standards of medical care, failing to provide appropriate care, negligent performance, insufficient training or experience, failing to obtain appropriate informed consent, failing to adequately explain risks and potential side effects of procedure and for negligently performing a procedure in which Dr. Lindsey should have known would result in permanent scarring and disfigurement.

The Surgery Center is accused of negligence for failing to provide a safe environment, failing to appropriately monitor and provide necessary care, failing to exercise the requisite amount of care toward the child in light of her physical condition, failing to institute policies, procedures and equipment to safeguard and prevent injury and failing to have appropriate medical personnel or medical equipment.

The family is asking for more than $750,000 in damages for medical expenses, physical pain, suffering, disability, mental anguish, loss of enjoyment of life, permanent scarring and disfigurement, plus interest and court costs.

The plaintiffs are represented by Joseph R. Joy III of Joseph Joy & Associates in Lafayette and Nicholas A. Blanda of Anderson & Dozier of Lafayette.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:11-cv-00087

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