10 Prior Patients Of Dr. Pancake Allege Negligence, Fraud

Tuesday, December 11, 2007

Ten patients of the late Dr. Bruce Pancake are suing his estate in Circuit Court, alleging professional negligence, misrepresentation and fraud.

The suit that asks unspecified damages is brought against Dr. Pancake's widow, Deborah Pancake.

The suit says Dr. Pancake committed suicide at his office in East Brainerd on Sept. 17.

It says Dr. Pancake initially held himself out as an otolaryngologist treating problems affecting the ear, nose and throat. It says, after patient complaints involving ENT procedures, Dr. Pancake "changed specialties and held himself out as a plastic surgeon."

The suit says Dr. Pancake did not complete an internship, residency or fellowship in plastic surgery, but attended a two-day seminar in Kalgenfurt, Austria, in 2004 to learn cosmetic breast surgery.

The complaint says Dr. Pancake’s operating facilities were not licensed or accredited. It says he "did not advise his patients that his surgical privileges at Hamilton County, Tennessee, hospitals had been withdrawn, restricted, suspended, limited, or denied."

It says Dr. Pancake "intentionally and recklessly misrepresented the benefits of using only local anesthesia for all of his procedures when the true reason he choose only local anesthesia for the procedures was due to his lack of skill, training and experience and the limitations placed upon him by his inability to gain access to area hospitals."

The complaint says Dr. Pancake "generally failed to practice and use proper sterile technique during his surgical procedures and did not use proper sterile technique with the Plaintiffs. He generally failed to properly scrub, failed to maintain a sterile surgical suite or field, and exposed his patients to an unreasonable risk of infection. Dr. Pancake generally did not use masks or caps during surgery. He generally did not properly prepare his patients for surgery, and failed to use antiseptic agents on his patients to reduce the risk of infection. He allowed people to enter the surgical field without scrubbing or wearing sterile clothing. He often went from one operating room to another without changing scrubs or gloves. He often would enter the surgical field while wearing his work-out clothes and dripping with perspiration after exercising next door at the Athletic Club. Dr. Pancake used Maxipads to cover the Plaintiffs’ surgical wounds."

The 44-page lawsuit alleges various medical problems experienced by the plaintiffs after undergoing surgery by Dr. Pancake.

The suit was filed by attorneys Eric Oliver and Andy Lewis.

They issued this statement on Wednesday:

"On Dec. 11, 2007, the law firm of Lewis & Oliver filed a complaint in the Circuit Court of Hamilton County, Tennessee on behalf of 10 former patients of Dr. Bruce Pancake. These patients underwent a variety of surgical procedures performed by Dr. Pancake at his Gunbarrel Road facility known as The Phoenix Center Spa Medicus.

"These patients suffered injuries and damages which we believe were the result of inappropriate actions by Dr. Pancake as specifically set forth in the complaint.

"We regret that the publicity arising out of this legal action may cause distress for Dr. Pancake’s family. However, the painful, serious injuries, including disfigurement, to these patients required this action to be filed.

"We hope that these cases can be resolved in such a way that the injured patients will be fairly compensated while, at the same time, minimizing any distress to Dr. Pancake’s family."

Here is the full complaint:

IN THE CIRCUIT COURT OF HAMILTON COUNTY, TENNESSEE

(1) RITA A. RAMSEY and husband, §
JOHN E. RAMSEY, JR. §
(2) BRENDA HOLLINGSWORTH and husband, §
STANLEY HOLLINGSWORTH, §
(3) TAMMEY DAVIS and husband, § NO. 07 C 1420
HARRY W. DAVIS, JR., §
(4) BARBIE M. STEWART and husband, §
PHILIP H. STEWART, §
(5) DEBORAH D. HUNTER and husband, § DIVISION _____________
PAUL HUNTER, §
(6) SHELIA NICHOLSON, §
(7) TESSA NICHOLS, §
(8) SULICIA PETTYJOHN and husband, §
MICHAEL PETTYJOHN, §
(9) WALTER WARD §
(10) BARBARA MCKEE, and husband, §
HERSCHEL MCKEE §
§ JURY DEMAND
Plaintiffs, §
§
v. §
§
Deborah E. Pancake, Executrix of the Estate of §
BRUCE D. PANCAKE, M.D., Deceased §
§
Defendants. §


COMPLAINT


Come now the Plaintiffs, by and through counsel, and file this Complaint against Deborah E. Pancake as Executrix of the Estate of Bruce D. Pancake, M.D., deceased, and would show unto the court and jury the following:
I
1. The Plaintiffs, Rita Ramsey and husband, John Ramsey, Jr., are residents of Hamilton County, Tennessee.
2. The Plaintiffs, Brenda Hollingsworth and husband, Stanley Hollingsworth, are residents of Lafayette, Georgia.
3. The Plaintiffs, Tammey R. Davis and husband, Harry W. Davis, Jr., are residents of Rock Springs, Georgia.
4. The Plaintiffs, Barbie M. Stewart and husband, Philip H. Stewart, are residents of Hamilton County, Tennessee.
5. The Plaintiffs, Deborah Delores Hunter and husband, Paul Hunter, are residents of Hamilton County, Tennessee.
6. The Plaintiff, Shelia Nicholson, is a resident of Bradley County, Tennessee.
7. The Plaintiff, Tessa Nichols, is a resident of Hamilton County, Tennessee.
8. The Plaintiffs, Sulicia Pettyjohn and husband, Michael Pettyjohn, are residents of Lafayette, Georgia.
9. The Plaintiff, Walter Ward, is a resident of Hamilton County, Tennessee.
10. The Plaintiffs, Barbara McKee and husband, Herschel McKee, are residents of Hamilton County, Tennessee.
II
Bruce D. Pancake, deceased, was a medical doctor. On September 17, 2007, Dr. Pancake committed suicide at his medical office, The Phoenix Center Spa Medicus (“The Phoenix Center”) in Hamilton County, Tennessee. Deborah E. Pancake is the personal representative of Dr. Pancake and the Executrix of the Estate of Dr. Pancake. Pursuant to Tennessee Code Annotated § 20-5-103, claims against Dr. Pancake may only be instituted against the personal representative of Dr. Pancake. Dr. Pancake was a resident of Hamilton County, Tennessee, and performed all of the acts and omissions of negligence, professional negligence, battery, failure to obtain proper informed consent, misrepresentation, violations of the Tennessee Consumer Protection Act, fraud and fraudulent inducement as alleged herein in Hamilton County, Tennessee.
III
Initially, Dr. Pancake held himself out as an otolaryngologist treating problems affecting the ear, nose and throat (“ENT”). After patient complaints involving ENT procedures, Dr. Pancake changed specialties and held himself out as a plastic surgeon.
IV
Dr. Pancake did not complete an internship, residency or fellowship in plastic surgery.
V
Dr. Pancake did, however, attend a two-day seminar in Kalgenfurt, Austria, on November 5 and November 6, 2004, to learn cosmetic breast surgery.
VI
Dr. Pancake held himself out as a board certified plastic surgeon and represented to his patients that he was board certified in plastic surgery. Dr. Pancake was not board certified by the American Board of Plastic Surgery or the American Board of Facial Plastic and Reconstructive Surgery. He did, however, pay a fee to join the American Academy of Facial and Reconstructive Surgery.
VII
Dr. Pancake did not perform any of his plastic surgery procedures at licensed, accredited surgical facilities, hospitals, or accredited in-office operating suites. Dr. Pancake’s operating facilities were not licensed or accredited.
VIII
Dr. Pancake did not advise his patients that his surgical privileges at Hamilton County, Tennessee, hospitals had been withdrawn, restricted, suspended, limited, or denied. Dr. Pancake held himself out as holding staff privileges at Erlanger Hospital, but the Erlanger Hospital website does not recognize him as a physician holding staff privileges. Dr. Pancake held himself out as holding staff privileges at Memorial Hospital, but the Memorial Hospital website does not indicate that Dr. Pancake held staff privileges. Dr. Pancake held himself out as holding staff privileges at Parkridge Hospital, but Parkridge Hospital does not list Dr. Pancake as a physician holding staff privileges on its website. Plaintiffs, therefore, allege that Dr. Pancake did not hold hospital privileges at Erlanger, Memorial and/or Parkridge Hospitals.
IX
The Plaintiffs collectively and individually allege the following common nucleus of operative facts and causes of action:
1. Dr. Pancake intentionally misrepresented his training, experience and background with regard to his qualifications to perform plastic surgery. Dr. Pancake claimed he was board certified in plastic surgery and had over twenty (20) years of experience as a plastic surgeon. Dr. Pancake was a member of the American Academy of Facial Plastic and Reconstructive Surgery, which is not an entity that provides Board Certification. Dr. Pancake’s real Board certifications were obtained when he held himself out as an otolaryngologist many years ago. Dr. Pancake was not Board certified by the American Board of Facial Plastic and Reconstructive Surgery as he represented to the Plaintiffs and the public.
2. Dr. Pancake started his medical career as an otolaryngologist, not a plastic surgeon. Dr. Pancake committed multiple acts of negligence as an ear, nose and throat (“ENT”) doctor. Immediately prior to his death, Dr. Pancake was charged with multiple violations by the Tennessee Board of Medical Examiners. Dr. Pancake misrepresented his medical background, misrepresented his experience, misrepresented his training, and concealed his history of medical complications and reprimands by the medical community.
3. Dr. Pancake intentionally and recklessly misrepresented the benefits of using only local anesthesia for all of his procedures when the true reason he choose only local anesthesia for the procedures was due to his lack of skill, training and experience and the limitations placed upon him by his inability to gain access to area hospitals. Performing procedures with general anesthesia or with anesthesia assistants would have required Dr. Pancake to use hospitals or licensed surgical facilities and would have required Dr. Pancake to submit to greater monitoring by the hospitals or surgical facilities.
4. Dr. Pancake generally failed to practice and use proper sterile technique during his surgical procedures and did not use proper sterile technique with the Plaintiffs. He generally failed to properly scrub, failed to maintain a sterile surgical suite or field, and exposed his patients to an unreasonable risk of infection. Dr. Pancake generally did not use masks or caps during surgery. He generally did not properly prepare his patients for surgery, and failed to use antiseptic agents on his patients to reduce the risk of infection. He allowed people to enter the surgical field without scrubbing or wearing sterile clothing. He often went from one operating room to another without changing scrubs or gloves. He often would enter the surgical field while wearing his work-out clothes and dripping with perspiration after exercising next door at the Athletic Club. Dr. Pancake used Maxipads to cover the Plaintiffs’ surgical wounds.
5. Dr. Pancake failed to maintain and use proper procedures to safeguard the privacy of his patients. He operated with the surgery room doors open and allowed non-medical personnel in the operating areas.
6. Dr. Pancake failed to obtain proper informed consent from the Plaintiffs and committed battery upon the Plaintiffs. Dr. Pancake did not provide the Plaintiffs with true and correct information concerning his status with area hospitals. Dr. Pancake did not provide the Plaintiffs with true and correct information concerning his board certification, training, and experience. Dr. Pancake did not provide the Plaintiffs with true and correct information concerning why he performed all of his procedures using only local anesthesia. Dr. Pancake did not provide the Plaintiffs with true and correct information concerning his complication rate and the results he could achieve for the Plaintiffs.
7. In violation of the standard of care, Dr. Pancake did not prepare operative reports or notes of his surgeries and did not do so for any of the Plaintiffs.
8. Dr. Pancake solicited patients with a substantial media campaign using television, internet, and print advertisements. In his advertising, Dr. Pancake represented that he was a board certified plastic surgeon with the American Board of Facial and Reconstructive Surgery and had over twenty (20) years of experience as a plastic surgeon. This assertion by Dr. Pancake was false and misleading and was employed by Dr. Pancake for his financial benefit. Dr. Pancake also employed deceptive practices in his use and recommendation for only local anesthesia for all of his procedures. In misrepresenting his qualifications, experience, background, results, training and history of complaints, Dr. Pancake engaged in deceptive and unfair trade practices. Dr. Pancake knowingly made these false representations for the purpose of deceiving the Plaintiffs and other consumers of such services in violation of the Tennessee Consumer Protection Act. Alternatively, Dr. Pancake committed common law fraud. All Plaintiffs relied upon Dr. Pancake’s misrepresentations to their detriment.
9. All of the Plaintiffs’ causes of action arise out of a common pattern of deceit and misrepresentation employed by Dr. Pancake to lure plastic surgery candidates to his office. Dr. Pancake misrepresented the use of local anesthesia to all Plaintiffs and negligently used local anesthesia on all Plaintiffs. All of the Plaintiffs were victims of Dr. Pancake’s misrepresentations and bring identical claims for fraud, violations of the Tennessee Consumer Protection Act, fraudulent advertising, and intentional misrepresentation.
X
RITA RAMSEY:
1. In July of 2005, Rita Ramsey underwent a lapband procedure. As a result of the lapband procedure, Ms. Ramsey lost approximately 140 pounds. The weight loss left Ms. Ramsey with a large amount of baggy skin around her mid-section.
2. On June 25, 2007, Ms. Ramsey saw Dr. Pancake at his office, The Phoenix Center, on Gunbarrel Road in Chattanooga, Tennessee, for a consultation. Ms. Ramsey had seen Dr. Pancake’s commercials on television. She relied on his representations that he was a Board Certified Plastic Surgeon with over 20 years of plastic surgery experience. At that time Dr. Pancake advised Ms. Ramsey that he could perform a breast augmentation procedure for $3,500.00 and a tummy-tuck/liposuction for $5,500.00. Ms. Ramsey advised Dr. Pancake of the lapband procedure she underwent in July, 2005, and the accompanying problems with the lapband procedure. Dr. Pancake did not order pre-operative tests as required by the standard of care.
3. Dr. Pancake advised Ms. Ramsey that he could obtain excellent results for her and that he performed all of his surgeries using only local anesthesia. Dr. Pancake told Ms. Ramsey that local anesthesia was better for the patient and presented less risk while providing excellent pain relief. Dr. Pancake did not advise Ms. Ramsey that he was under investigation by the Tennessee Board of Medical Examiners on multiple formal charges.
4. Dr. Pancake misrepresented the benefits of local anesthesia for the procedures he performed on Rita Ramsey. Dr. Pancake was negligent in recommending local anesthesia for breast augmentation, liposuction and a tummy tuck in Rita Ramsey’s case.
5. The standard of care for liposuction, tummy tuck and breast augmentation in Rita Ramsey’s case required that the procedures be performed under general anesthesia or at a facility that had anesthesiology personnel in house.
6. Dr. Pancake failed to take an appropriate medical history and perform an appropriate physical exam on Rita Ramsey. Dr. Pancake had no discussions with Rita Ramsey about the appropriate size of her breast implants until immediately before the procedure and was therefore, negligent.
7. Ms. Ramsey could not afford to pay cash for her plastic surgery. Dr. Pancake directed Ms. Ramsey to a finance company he recommended. Based upon Dr. Pancake’s recommendation, Ms. Ramsey financed her plastic surgery and now is required to pay $284.80 per month for sixty (60) months or $17,088.00.
8. After assuring that Ms. Ramsey was qualified for financing, Dr. Pancake scheduled Ms. Ramsey surgery on July 5, 2007.
9. On June 29, 2007, Dr. Pancake’s office called Ms. Ramsey and requested that she come by to pick up her prescriptions and start taking antibiotics. Dr. Pancake provided Ms. Ramsey with Keflex, 2 Lunestas, 10 Mepergan for pain and 10 Ultracet for pain. Ms. Ramsey was instructed by Dr. Pancake’s office to eat a good breakfast the morning of the surgery. Ms. Ramsey was only able to eat a protein shake for breakfast because of problems with the lapband. Dr. Pancake said that would be fine. Ms. Ramsey was instructed to be at the office at 8:00 a.m. on July 5, 2007.
10. On July 5, 2007, Ms. Ramsey arrived at Dr. Pancake’s office at 8:00 a.m. as she was instructed. Ms. Ramsey was taken back to an exam room and administered medication which included Valium, Ultracet and Ativan. At that time, Dr. Pancake’s office had Ms. Ramsey pick out the size of her breast implants. Ms. Ramsey asked Dr. Pancake what size she needed and Dr. Pancake responded, “the bigger, the better”. After taking numerous medications and pain killers, Ms. Ramsey was asked to sign an authorization for surgery and other papers.
11. A blood pressure cuff was then placed on Ms. Ramsey’s left arm. Dr. Pancake was in and out of Ms. Ramsey’s room. After Dr. Pancake marked and drew on Ms. Ramsey’s stomach and thighs, Ms. Ramsey was given a multitude of painful shots of Lidocaine. The nurse administering the Lidocaine used needles an adit to administer the Lidocaine and tumescent fluid in Ms. Ramsey’s midsection. This painful procedure took place for approximately two (2) hours as Ms. Ramsey received shot after shot. At the time when Ms. Ramsey was receiving shot after shot of lidocaine, her door was never shut and she saw other patients going in and out of exam rooms and they saw her.
12. Around lunch time, the staff came back into the operating room where Ms. Ramsey was located and asked if anyone wanted lunch from the Country Place Restaurant. A nurse ate her lunch in Ms. Ramsey’s operating room while she was receiving shots. She continued to receive more shots.
13. Wearing only gloves, no gown, mask, or headgear, and with gold jewelry dangling from his neck, Dr. Pancake began performing liposuction. Ms. Ramsey was not properly anesthetized and she felt excruciating pain during this procedure.
14. During the liposuction procedure, Ms. Ramsey’s blood pressure dropped to 68/36. Ms. Ramsey became nauseated and incoherent. A nurse came in to the room and started an IV. As Ms. Ramsey continued to cry out in pain, Dr. Pancake finally said that he was finished with the liposuction and would now start her breast implants.
15. Prior to starting the breast implants, Dr. Pancake removed the blood pressure cuff. Ms. Ramsey was nauseated, sweating and in unbearable pain during the breast augmentation procedure.
16. After Dr. Pancake placed the implants in Ms. Ramsey’s breast, he left the room, leaving the suturing to his nurses. Dr. Pancake returned periodically following several consultations with other patients wearing the same scrubs as he wore with Ms. Ramsey. Dr. Pancake told Ms. Ramsey that he would have to do the tummy tuck on another date.
17. The next day, Ms. Ramsey noticed that the implants were extremely high and under her armpits. She called Dr. Pancake’s office and was advised that that was normal and to keep massaging her implants and drink plenty of fluids.
18. On July 9, 2007, Ms. Ramsey had her first follow up visit with Dr. Pancake. At that time he told her that the implants were fine and that they would drop within four weeks. She inquired about finishing the tummy tuck since she had already paid Dr. Pancake for this procedure and was told that she would have to get a release from her primary physician before they could continue due to her unstable vitals during the liposuction and breast augmentation.
19. On July 10, 2007, Ms. Ramsey had an appointment with her primary physician who ordered lab work, and other tests. These tests were normal and Ms. Ramey’s primary care physician gave clearance for the tummy tuck; however, he suggested to Dr. Pancake that he not use any benzodiazepines (Valium/Ativan).
20. On July 12, 2007, Ms. Ramsey returned to Dr. Pancake’s office to provide him with the clearance note from her primary care physician. Ms. Ramsey was advised that Dr. Pancake would call her if he wanted to proceed. Ms. Ramsey advised Dr. Pancake that she wanted to have the tummy tuck done if it could be done safely, but if it could not, she wanted him to return the money she had already paid him. Only after Ms. Ramsey said she wanted her money back for the procedure if it could not be done safely Dr. Pancake tell Ms. Ramsey that the procedure could be done safely and scheduled the tummy tuck for July 16, 2007. Ms. Ramsey again voiced concerns about the implants to Dr. Pancake who told her that they were fine. He did not, however, check the implants or Ms. Ramsey.
21. On July 16, 2007, Ms. Ramsey arrived at Dr. Pancake’s office at 8:00 a.m. Again, the lidocaine and tumescent fluid procedure was started with dozens of needle sticks used to numb Ms. Ramsey’s midsection. While Ms. Ramsey was undergoing the “numbing procedure”, her door was left open and she watched as Dr. Pancake performed a procedure on an elderly lady next door. Neither door was shut and this patient was crying, moaning and asking him to stop due to pain. Dr. Pancake never changed scrubs and did not wear a gown, mask, draping or headgear. Again, the office staff came in the operating room requesting to take lunch orders and asked Ms. Ramsey if she wanted anything to eat.
22. When Dr. Pancake began making the incision for the tummy tuck, Ms. Ramsey screamed in pain that she was not numb, but Dr. Pancake continued with the procedure. He told the nurse to give Ms. Ramsey more Lidocaine. Ms. Ramsey’s blood pressure again began dropping precipitously. Ms. Ramsey almost passed out because of the pain. During the tummy tuck procedure, Ms. Ramsey looked down at her stomach and noticed blood everywhere. Dr. Pancake said he had “nicked a bleeder” and was telling Ms. Ramsey that she needed to stop screaming and kicking so that he could stop the bleeder. Ms. Ramsey felt and smelled him cauterize the vein to stop the bleeding. At that time, the nurse started an IV, with difficulty finding a vein that would hold the IV. At this time, Ms. Ramsey’s blood pressure was dropping, she was sweating profusely and was nauseated.
23. While Ms. Ramsey was receiving stitches for the tummy tuck, the nurse’s husband walked into the room asking her what time she would be getting off because they were going to Knoxville. Obviously, Ms. Ramsey was shocked and embarrassed.
24. On July 17, 2007, Ms. Ramsey called Dr. Pancake’s office with questions concerning the procedure. She was specifically interested in the tummy tuck procedure as she had noticed excessive bleeding and pain. She was advised that she did not get a full tummy tuck because she was so unstable. Dr. Pancake was negligent in failing to perform a full extended abdominoplasty under general anesthesia. Ms. Ramsey advised Dr. Pancake’s office that she needed to be seen and an appointment was made for that day. Ms. Ramsey did not, however, see Dr. Pancake, but saw one of his nurses.
25. Ms. Ramsey is now grossly disfigured due to Dr. Pancake’s outrageous conduct. Ms. Ramsey will require additional surgeries to repair Dr. Pancake’s mistakes.
26. Ms. Ramsey required a mastopexy before she had implants placed. Dr. Pancake was negligent in failing to perform the mastopexy prior to placement of implants.
27. Dr. Pancake failed to comply with the standard of care required of plastic surgeons in the Chattanooga, Tennessee community or similar communities with regard to Rita Ramsey and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Ramsey.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Ramsey’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Rita Ramsey and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Ramsey’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Rita Ramsey’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Ramsey to a wound care specialist and in his follow up care with Ms. Ramsey.
XI
BRENDA HOLLINGSWORTH:
1. On August 8, 2007, Brenda Hollingwsorth went for a free consultation with Dr. Bruce Pancake. She saw Dr. Pancake’s advertisements on television. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. Dr. Pancake and Ms. Hollingsworth discussed having her hang-over stomach removed and liposuction performed on her hips. Dr. Pancake told Ms. Hollingsworth that he could obtain excellent results for her. Dr. Pancake told Ms. Hollingsworth that the procedures would cost $5,000.00. Ms. Hollingsworth told Dr. Pancake that she was scheduled for a cruise on September 29, 2007, and wanted to know whether the procedures would have any impact on her being able to go on vacation. Dr. Pancake specifically told Ms. Hollingsworth that she would be fully recovered and able to have a great time on her vacation with her new body.
2. On August 15, 2007, Ms. Hollingsworth called Dr. Pancake’s office to schedule the procedures. She was told that the procedures could be performed on August 17, 2007. She was told to arrive at 9:00 a.m. and would be there until approximately 2:00 p.m.
3. On August 17, 2007, Ms. Hollingsworth arrived at The Phoenix Center and was taken back to a procedure room by a nurse. The nurse then took pictures of the areas that were to be operated on by Dr. Pancake. After the pictures were made, Dr. Pancake came into the procedure room. As Dr. Pancake began drawing lines on Ms. Hollingsworth’s abdomen, he told her that he would get as much of her hips as he could. Dr. Pancake did not wear a cap, gown, or mask during the procedures nor did his staff. He traveled from one operating room to another without concern for proper sterile technique.
4. Ms. Hollingsworth was then put on the procedure table and was injected with numerous shots in her abdominal area to numb the area.
5. It took Dr. Pancake approximately 5 ½ hours to perform the numbing process and liposuction. Dr. Pancake proceeded to do the tummy tuck by cutting the skin and removing approximately four (4) inches of skin. He then proceeded to do a cauterization of the blood vessels which were bleeding.
6. Through the entire liposuction and tummy tuck, Ms. Hollingsworth was not adequately anesthetized and could feel pain from the procedures. Ms. Hollingsworth was never provided with an IV or other sufficient medication to insure that she was properly anesthetized. Ms. Hollingsworth became distressed at the end of the tummy tuck procedure. She was in excruciating pain.
7. On August 24, 2007, Ms. Hollingsworth saw Dr. Pancake in follow-up. Ms. Hollingsworth was still leaking from the tummy tuck incision and the liposuction punctures. She was told this was normal and that the blisters would turn to a scab and then fall off.
8. On August 27, 2007, Ms. Hollingsworth returned to The Phoenix Center for a follow-up appointment. She did not, however, see Dr. Pancake on this visit. Dr. Pancake’s nurse removed the stitches and staples. Ms. Hollingsworth again advised Dr. Pancake’s nurse about the pain and leakage from the surgical sites.
9. On September 4, 2007, Ms. Hollingsworth returned to the Phoenix Center and saw Dr. Pancake. Dr. Pancake looked at Ms. Hollingsworth’s abdomen and said everything looked fine and that she did not have an infection. Ms. Hollingsworth asked Dr. Pancake about the leakage that was coming from the incisions and he advised her that this was normal.
10. On September 16, 2007, Ms. Hollingsworth learned that Dr. Pancake had died. She contacted The Phoenix Center on September 17 and September 19, 2007, about what to do with her continuing problems. Because she was given no answers from The Phoenix Center, Ms. Hollingsworth was forced to go to her family physician. On September 20, 2007, Ms. Hollingsworth saw her family physician.
11. On September 22, 2007, Ms. Hollingsworth began to experience severe pain and proceeded to Hutcheson Medical Center. Ms. Hollingsworth also received treatment at Memorial Wound Care Center. Ms. Hollingsworth was unable to attend the cruise vacation because of her injuries.
12. Ms. Hollingsworth will require future additional procedures to repair the negligent procedures performed by Dr. Pancake.
13. Dr. Pancake failed to comply with the standard of care required of plastic surgeons in Chattanooga, Tennessee or similar communities with regard to Brenda Hollingsworth and which caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Hollingsworth.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Hollingsworth’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Ms. Hollingsworth and other patients during the medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Hollingsworth’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Hollingsworth’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients
g. Dr. Pancake was negligent in failing to refer Ms. Hollingsworth to a wound care specialist and in his follow up care with Ms. Hollingsworth.
XII
TAMMEY DAVIS:
1. On July 31, 2007, Tammey Davis saw Dr. Bruce Pancake for a consultation after seeing his television commercials. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. Ms. Davis advised Dr. Pancake that she desired having a breast lift but Dr. Pancake told her that doing that would only make her breasts smaller. Dr. Pancake told Ms. Davis that he recommended a breast augmentation and he thought that a size Double D would fit her frame size really well. Ms. Davis told Dr. Pancake that she didn’t want to be bigger, just lifted. Dr. Pancake, however, convinced Ms. Davis that a breast augmentation using 425 implants would be perfect for her.
2. Ms. Davis also discussed with Dr. Pancake a tummy tuck and liposuction. Dr. Pancake told Ms. Davis that he could remove the extra skin around her stomach and abdomen and perform liposuction to enhance her figure. He said he could obtain excellent results.
3. Dr. Pancake advised Ms. Davis that he could perform the breast augmentation and liposuction/tummy tuck for $8,000 and that he could perform the procedures on August 3, 2007. Dr. Pancake told Ms. Davis that he could perform all of the procedures under local anesthesia. Dr. Pancake advised Ms. Davis that she would “not feel a thing” from the procedures because they use a special technique that allows the patient to stay awake but pain free during the procedures. Dr. Pancake did not describe how the local anesthesia would be administered.
4. On August 3, 2007, Ms. Davis arrived at Dr. Pancake’s office. A nurse provided Ms. Davis with a cocktail of pills to take. Then the nurse started to inject Ms. Davis’ breasts with Lidocaine to numb them before Dr. Pancake started. Ms. Davis was shocked by the number of times the nurse had to inject her in her breasts. The numbing procedure was extremely painful.
5. Dr. Pancake arrived in the room and asked Ms. Davis if she was numb. Ms. Davis responded that she did not know. Dr. Pancake then started the breast augmentation of Ms. Davis’ right breast. Ms. Davis advised Dr. Pancake that the procedure was extremely painful and it was causing her to jerk. When Dr. Pancake completed the right breast, he left the room and came back with Ms. Davis’ daughter to show her what he had done. Dr. Pancake was not wearing a cap, gown, or mask and allowed another person to contaminate the surgical field. After he brought in Ms. Davis’ daughter, he brought in Ms. Davis’ husband to show him what he had done as well. Again, Dr. Pancake was not wearing a cap, gown, or mask and allowed yet another person to contaminate the sterile surgical field. The entire time during her procedures, Dr. Pancake kept the office door open.
6. After allowing two people to contaminate the surgical field, Dr. Pancake then began working on Ms. Davis’ left breast. When Dr. Pancake finished the left breast, he instructed the nurse to start numbing the stomach area while Dr. Pancake left the room to eat lunch.
7. After Dr. Pancake left the room, the nurse began injecting Ms. Davis in the stomach with dozens of injections that were painful. Ms. Davis became nauseated. When Dr. Pancake finally returned he advised Ms. Davis that the motion of the tube would cause friction and that if she felt any heat at any time to just let him know and he would move to another spot and come back to that spot later. After Dr. Pancake began the liposuction procedure, Ms. Davis felt a burning heat that was more excruciating than anything she had ever felt before. Dr. Pancake would move the probe to another area each time Ms. Davis complained. Ms. Davis was in excruciating pain during the entire procedure. Dr. Pancake finished the liposuction procedure and started the tummy tuck. Ms. Davis could feel pain from the incisions. When Dr. Pancake began putting sutures and staples in the middle of Ms. Davis’ incision, she could feel the incisions. Ms. Davis was in tears and crying because she was in such pain and terrified.
8. Ms. Davis had several follow up visits with Dr. Pancake. She had huge open sores on her stomach where she was burned from the procedure. Each time Ms. Davis saw Dr. Pancake or a nurse in follow up visits, she was told that everything looked great. Ms. Davis, however, could see that everything did not look great and she remained in excruciating pain.
9. After Dr. Pancake committed suicide, his office advised Ms. Davis to take her records and see Dr. Leach. Ms. Davis went to Dr. Leach’s office and was seen by one of Dr. Leach’s nurses. She looked at Ms. Davis and said that Dr. Leach would probably see her and she made an appointment. A few days before her appointment with Dr. Leach, she received a telephone call from Dr. Leach’s office. Ms. Davis’ appointment with Dr. Leach had been cancelled because they did not have any operative notes in the record. Dr. Pancake had not prepared an operative note; therefore, Dr. Leach would not see her.
10. On October 3, 2007, Ms. Davis was seen at the Memorial Hospital Wound Care Center.
11. Ms. Davis will require future surgical procedures and care to repair the negligent procedures performed by Dr. Pancake.
12. Dr. Pancake failed to comply with the standard of care of plastic surgeons in the Chattanooga, Tennessee community or similar communities with regard to a patient such as Tammey Davis and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake was did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Davis.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Davis’ case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Ms. Davis and other patients during the medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Davis’ procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Davis’ surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training, and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Davis to a wound care specialist and in his follow up care with Ms. Davis.
XIII
BARBIE STEWART
1. On February 13, 2007, Barbie Stewart met with Dr. Pancake after seeing his television commercials. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. Ms. Stewart was mainly interested in a tummy tuck and liposuction, but Dr. Pancake encouraged her to have a tummy tuck, liposuction of the inner and outer thighs, knees, a facelift and work on the upper and lower eyelids.
2. Ms. Stewart was given a quote sheet with prices for all of the procedures. Dr. Pancake advised Ms. Stewart that a tummy tuck and liposuction could be done in the same day using only local anesthesia. Dr. Pancake specifically told Ms. Stewart that she would save money by using only local anesthesia because she would not have to pay an anesthesiologist or surgical facility fees. Dr. Pancake assured Ms. Stewart that local anesthesia was much better for patients and that she would feel nothing during the procedure. Dr. Pancake advised Ms. Stewart that he could perform the liposuction and the tummy tuck for $8,700. He told her that he could obtain excellent results for her. Ms. Stewart asked when the procedure could be done and Dr. Pancake told her that he could do the procedure the next day.
3. After Dr. Pancake left the room his nurse advised Ms. Stewart that she could not have both procedures done the same day because she was too small to handle the amount of Lidocaine necessary to have both done at the same time. No lab work was ordered as required by the standard of care in Ms. Stewart’s case.
4. On February 14, 2007, Ms. Stewart arrived at The Phoenix Center at approximately 1 p.m. She was taken back to the operating room at approximately 1:30 p.m.
5. A nurse placed Ms. Stewart on a table and began injecting her inner and outer thighs with small needles. Ms. Stewart had no idea that she would be injected dozens and dozens of times with needles. She was then injected with tumescent fluid.
6. Dr. Pancake performed surgery on Ms. Stewart’s left leg first. Dr. Pancake proceeded to punch holes with the adit and then using a cannula began the liposuction of Ms. Stewart’s left inner and outer thigh. When her right leg was numb, Dr. Pancake performed liposuction on the right leg in a similar fashion. Ms. Stewart could feel a great deal of pain on the right leg as she attempted to yank away from the cannula on a number of occasions.
7. The door was open during procedures and Ms. Stewart could see a woman on the table in the next room while she was having the liposuction. She was told that the other lady was also having liposuction.
8. Neither Dr. Pancake nor his staff wore masks, caps, or gowns and on several occasions office workers came in to watch the procedure.
9. In the middle of Ms. Stewart’s tummy tuck, Dr. Pancake and a nurse left the room, had facial injections and then returned, and continued her surgery without wearing masks.
10. Ms. Stewart’s surgical sites were bandaged with maxi pads. She was not given any medications for pain or any antibiotics after the liposuction. Ms. Stewart had to ask for a prescription for pain medication and antibiotics on the follow up appointment after the tummy tuck.
11. Ms. Stewart’s husband picked her up at approximately 6:00 p.m. On the way home, Mr. Stewart had to pull over so that Ms. Stewart could vomit. As Ms. Stewart was being helped into her home by her husband, she again vomited and urinated on herself. Ms. Stewart took the pain medication provided to her and slept for some time. She woke up around 1:00 a.m. on February 15, 2007, and was having difficulty breathing. She had urinated on herself again and was very nauseous. Ms. Stewart woke her husband up because she was having trouble breathing. Mr. Stewart asked Ms. Stewart to follow his finger with her eyes from side to side and when he stopped his finger in front of her face, she began again to vomit violently. Mr. Stewart called 911 and Ms. Stewart was taken to Memorial North Park Hospital.
12. Ms. Stewart was transported by ambulance to the hospital due to severe vomiting, dizziness, slurred speech, loss of bladder control, and difficulty breathing and spent two days in the hospital. When Ms. Stewart arrived at the emergency room, she was unable to open her eyes because the room kept spinning. Ms. Stewart had a similar reaction after the tummy tuck. While in the hospital, Dr. Pancake called Ms. Stewart and spoke to both her and her husband about the cost of doing abdominal liposuction on Philip Stewart. Dr. Pancake said he would give Mr. Stewart a good deal of $3000.
13. On February 27, 2007, Ms. Stewart presented back to The Phoenix Center at 8:30 a.m. and was taken back to an operating room at 9:00 a.m. Dr. Pancake told Ms. Stewart that her adverse reaction probably was due to the medication and he would use different medication this time. Dr. Pancake was scheduled to perform a tummy tuck, liposuction of the abdomen and waist and liposuction of the knees.
14. Dr. Pancake advised Ms. Stewart that he would be able to get amazing results because of how small her stomach was and how she had such good muscle tone.
15. A blood pressure cuff was put on Ms. Stewart’s left arm and hooked up to a monitor. The nurse began giving Ms. Stewart a multitude of injections and then the tumescent fluid was injected. After the tumescent fluid was injected, the blood pressure cuff was removed. The nurse advised Ms. Stewart that they did not need the blood pressure monitor because she was in good health and it would be in the way.
16. Dr. Pancake entered the room and began the liposuction procedure on Ms. Stewart’s stomach and sides. After the liposuction, Dr. Pancake began performing the tummy tuck procedure. Ms. Stewart was able to feel pain when Dr. Pancake was cauterizing during the procedure. Dr. Pancake closed the tummy tuck using 59 staples and 30 black stitches.
17. Dr. Pancake then began liposuction on Ms. Stewart’s knees. During the liposuction of the knees. Ms. Stewart became nauseous and was hooked back up to the blood pressure monitor. A nurse rubbed Phenergan on Ms. Stewart’s wrists.
18. After the procedures, Ms. Stewart sat up and started vomiting. She was placed in a wheelchair and given a sick bag. Ms. Stewart vomited the entire way to her car.
19. On February 28, 2007, Ms. Stewart had a follow up appointment with Dr. Pancake. She was not seen by Dr. Pancake, but the nurses at the office told her that everything looked good.
20. On March 13th, during an office visit, Ms. Stewart informed Dr. Pancake that she thought she had fluid in her stomach, because it was very swollen and when pushed on, it felt like a water bed. He removed a staple and took a sharp object and reopened the incision without giving her any painkiller. The procedure was very painful. Large amounts of fluid gushed out of her stomach and Dr. Pancake and his nurse each pushed on Ms. Stewart’s stomach until it stopped draining. At that time, Dr. Pancake removed Ms. Stewart’s staples. During the staple removal procedure, Ms. Stewart was in excruciating pain and began crying.
21. After the draining procedure, Ms. Stewart developed a large, black scab and eventually a very large and raised scar.
22. Ms. Stewart went to The Phoenix Center on 3 different occasions to express her unhappiness with the results of the liposuction and tummy tuck and was told each time that everything looked great and that she was just swollen. She was told that it could take up to a year for all the swelling to go down. She has scars on her knees, inner and outer thighs, stomach, waist, hips, and back. She has indentations and knots all over her stomach, her skin is stuck to the muscle in some places where too much fat was removed and she still has a lot of pain on her right side. Her legs have knots some places where the fat was removed. On the last visit to The Phoenix Center, Dr. Pancake had just had an eye lift and his eyes were very bruised. Ms. Stewart asked him if he had done it and he said that he and his nurses had performed his own eye lift.
23. All of the surgical procedures performed by Dr. Pancake will now require repair from a competent plastic surgeon.
24. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee community or similar community with regard to Barbie Stewart and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Stewart.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Stewart’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Ms. Stewart and other patients during the medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Stewart’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Stewart’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Stewart to a wound care specialist and in his follow up care with Ms. Stewart.
XIV
DEBORAH DELORES HUNTER
1. Deborah Hunter saw Dr. Pancake’s commercials on television. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. She met with Dr. Pancake on June 25, 2007, for a consultation. Dr. Pancake advised Ms. Hunter that he could perform a breast lift/reduction, liposuction/tummy tuck for $9,500.00. Dr. Pancake told Ms. Hunter that he could obtain excellent results and that she would have a flat tummy and a curvy waist. Dr. Pancake told Ms. Hunter that he used only local anesthesia to benefit his patients and that she would feel no pain during the procedures, but would be wide-awake. Dr. Pancake also told Ms. Hunter that her bill would be less because she would not have to pay for an anesthesiologist or a surgical facility fee.
2. On July 2, 2007, Ms. Hunter arrived at Dr. Pancake’s office for the breast reduction, liposuction, and tummy tuck. Ms Hunter was given injection after injection of lidocaine and tumescent fluid in her mid-section. Approximately three (3) hours into the injections, the office manager came in to Ms. Hunter’s operating room and asked the nurse and Ms. Hunter what they wanted to order for lunch. She told Ms. Hunter that she would be able to eat lunch and that Dr. Pancake would treat her. When the office manager returned to lunch, the nurse stopped with the injections and sat down and ate her lunch in the operating room. None of the nurses were wearing gloves, gowns or caps except for the nurse performing the injection, who was wearing gloves, but not a cap, gown or mask.

3. After approximately six (6) hours of being injected, Dr. Pancake came in to start the surgery. Dr. Pancake started with the liposuction on Ms. Hunter’s left side. He then left the room without telling Ms. Hunter where he was going. Dr. Pancake returned approximately twenty (20) to thirty (30) minutes later without wearing gloves and wearing the same scrubs. He then began performing liposuction on Ms. Hunter’s right side and lower mid section. Dr. Pancake stopped again and left the room. When Dr. Pancake returned the third time, he was nervous and anxious to finish Ms. Hunter’s procedure. He became more aggressive with the liposuction cannula. Ms. Hunter began screaming that she was in pain and Dr. Pancake told the nurse to give Ms. Hunter more injections. Ms. Hunter asked Dr. Pancake why the procedure was not pain-free and he told her that it was because she had so much “scar tissue”.
4. Dr. Pancake then began the tummy tuck procedure. Ms. Hunter began screaming because she was not numb and Dr. Pancake instructed the nurse to give Ms. Hunter more pain medication. Ms. Hunter was crying during the tummy tuck procedure.
5. Dr. Pancake then proceeded to the breast surgery procedures and immediately left after completing the procedures and allowed the nurses to sew up or close the incision sites from the tummy tuck and breast procedures.
6. Dr. Pancake returned approximately forty-five (45) minutes into the breast closing wearing work-out clothes and sweating. The nurses advised Ms. Hunter that Dr. Pancake often goes next door immediately after the surgeries so that he can work-out and lift weights. Dr. Pancake patted Ms. Hunter on the shoulder with his bare hand while she was still being sewn up by the nurses. On July 9, 2007, Ms. Hunter, after enduring several days of pain, went to Dr. Pancake’s office without an appointment. Ms. Hunter showed the nurses at the office her incisions that were draining fluid and blood and her swollen mid section. Ms. Hunter was advised that she would not be able to see Dr. Pancake that day, but that everything looked normal.
7. On July 12, 2007, Ms. Hunter again showed up without an appointment because she was pouring blood, all the staples in her right side were gone and the bruises on her right side had turned into a dry, black, rough spot. The nurses looked at Ms. Hunter’s incisions in the hallway, but she was not taken back to an operating room. She was told everything looked normal.
8. On July 16, 2007, Ms. Hunter had an appointment and was seen by a nurse. Ms. Hunter was still bleeding badly and the spot on her right side was much worse and causing a great deal of pain. Dr. Pancake came into the room and told Ms. Hunter that everything looked normal.
9. On July 18, 2007, an appointment was made so that the nurse could re-check Ms. Hunter’s wounds. At that time, the nurse removed half of the stitches from Ms. Hunter’s breast. Ms. Hunter stood in front of a mirror and told the nurse that her breasts were still large and drooping.
10. On July 23, 2007, Ms. Hunter had another appointment. She told the nurse that she was still in pain and that the wounds looked infected.
11. Dr. Pancake was negligent in his follow-up care of Ms. Hunter and should have referred her to another surgeon.
12. The surgical procedures performed by Dr. Pancake will require repair by a competent plastic surgeon.
13. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Deborah Hunter and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Hunter.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Hunter’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Deborah Hunter and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Hunter’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Hunter’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Hunter to a wound care specialist and in his follow up care with Ms. Hunter.
XV
SHELIA NICHOLSON
1. Shelia Nicholson began seeing Dr. Pancake on January 12, 2005. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. At that time Dr. Pancake performed liposuction on Ms. Nicholson’s midsection and chin and neck thermage. Ms. Nicholson had a follow-up appointment with additional surgical procedures on June 27, 2005. Throughout this time period, Dr. Pancake continued to assure Ms. Nicholson that the procedures were normal and that the complications she was experiencing were normal and would get better with time. Ms. Nicholson saw Dr. Pancake again on August 9, 2005, and he again assured her that everything was normal. Dr. Pancake again performed additional surgical procedures on Ms. Nicholson on September 15, 2005.
2. Dr. Pancake assured Ms. Nicholson that everything was normal and that he could repair any problems with additional touch-up work. Ms. Nicholson had already paid Dr. Pancake a great deal of money and she trusted him.
3. Ms. Nicholson saw Dr. Pancake again on December 8, 2005, and Dr. Pancake again performed touch-up work. Dr. Pancake also told Ms. Nicholson that she should undergo a quick-lift procedure under local anesthesia. Ms. Nicholson agreed and Dr. Pancake also performed a quick-lift procedure on her face on December 15, 2005.
4. Dr. Pancake continually assured Ms. Nicholson that everything was normal and that “touch up” work was normal.
5. On July 10, 2006, Dr. Pancake performed additional cosmetic surgery on Ms. Nicholson’s face.
6. On December 13, 2006, Ms. Nicholson saw Dr. Pancake again for touch-up work on her face under local anesthesia. Dr. Pancake continued to advise Ms. Nicholson that cosmetic surgery was not a one-time procedure and that it often took time and several procedures.
7. On December 13, 2006, Dr. Pancake convinced Ms. Nicholson to undergo a quick-lift face lift procedure and told her that he would perform a touch-up liposuction of the midsection at no charge.
8. Dr. Pancake’s multiple procedures have left Ms. Nicholson disfigured. Her ears and face have required reconstructive surgery. Ms. Nicholson has knots and indentions in her midsection and hernias have occurred that will require repair.
9. Dr. Pancake was negligent in his follow-up care of Ms. Nicholson and should have referred her to another surgeon.
10. The surgical procedures performed by Dr. Pancake will require future medical care to repair, to the extent possible, the negligence of Dr. Pancake.
11. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Shelia Nicholson and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Nicholson.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Nicholson’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Shelia Nicholson and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Nicholson’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Nicholson’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Nicholson to a wound care specialist and in his follow up care with Ms. Nicholson.
XVI
TESSA NICHOLS
1. Tessa Nichols saw Dr. Pancake’s commercials on television. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. On May 22, 2007 she met with Dr. Pancake in consultation regarding possible liposuction. Dr. Pancake informed Ms. Nichols that she also needed a tummy tuck. One of Dr. Pancake’s nurses was in the room and Dr. Pancake advised Ms. Nichols that he had performed liposuction and a tummy tuck on his nurse and asked the nurse to show Ms. Nichols the results. Dr. Pancake advised Ms. Nichols that he would perform the liposuction and tummy tuck for the sum of $5,000. After seeing the results on Dr. Pancake’s nurse, Ms. Nichols agreed to this and scheduled the surgery. Ms. Nichols was advised by Dr. Pancake that if she was not satisfied with her results after all the swelling went down, he would do a touch up for free.
2. Ms. Nichols was in excellent health and had had no previous surgeries.
3. On May 30, 2007, Ms. Nichols arrived at The Phoenix Center for the scheduled surgery. Pictures were taken before the surgery. No pictures were taken after the surgery. Dr. Pancake came in and drew some lines on her abdomen with a marker and then left. Ms. Nichols was given multiple injections of Lidocaine to numb the abdominal area for the liposuction. The injections continued for approximately 2 hours. She was also given Ativan to help her remain calm during the procedure and Ultracet for pain.
4. At 9:30 a.m. Ms. Nichols was given tumescent liquid to a total of three and a quarter bags.
5. At 11:15 a.m. Dr. Pancake came in wearing scrubs and gloves. He did not have on a gown, mask, or cap. Ms. Nichols was given additional doses of Ultracet and Ativan at 12:30 p.m. During the procedure, Ms. Nichols told Dr. Pancake she was starting to feel some burning and Dr. Pancake moved the liposuction tool to a different location. After a few more minutes, Ms. Stewart again advised Dr. Pancake she was feeling pain and Dr. Pancake moved the liposuction tool to yet another location and told the nurse to give Ms. Nichols additional injections of Lidocaine. After the nurse gave her more injections, Ms. Nichols was left in the room for approximately 30 to 45 minutes. Then Dr. Pancake and the nurse came back in and proceeded with the liposuction.
6. Dr. Pancake then began the tummy tuck procedure. He cut a piece of skin off Ms. Nichols’ lower stomach and held it for her to see. Dr. Pancake completed the tummy tuck procedure at 4:30 p.m. Then he started stitching her up and the nurse said she would finish for him. The nurse sewed Ms. Nichols up and then started stapling all across her stomach on top of the stitches. Ms. Nichols could feel the staples being put in and twitched with each one. At that time another nurse came in to help speed up the process and she began on one side of Ms. Nichols’ stomach and the other nurse was on the other side.
7. Ms. Nichols had a follow-up visit a day or two after the surgery. She had to have fluid drained from the surgical incision twice. The first time Dr. Pancake drained the fluid, they were in a normal exam room, the same room Ms. Nichols had her consultation in. Dr. Pancake reopened her incision in the area that the fluid was built up and pressed on the fluid pocket to drain it causing blood to go all over Ms. Nichols and causing Ms. Nichols severe pain. She had a big blood stain on the top of her pants and had to return to work in her bloody clothes.
8. The next time Ms. Nichols returned for a follow-up visit to drain more fluid, she was taken to a surgery room and Dr. Pancake used a needle to drain the fluid. This caused Ms. Nichols pain but not as severe as the reopening of her incision.
9. Once the swelling and bruising had resolved, Ms. Nichols could see no discernable difference in the size of her waist and stomach and the only evidence she has of the surgery performed by Dr. Pancake is a large scar on her abdomen and puncture wounds from the liposuction. She has “knots” in her midsection from the procedures.
10. The surgical procedures performed by Dr. Pancake will require repair by a competent plastic surgeon. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Tessa Nichols and caused damages and injuries that would not have otherwise occurred. In particular Dr. Pancake was negligent in the following manner:
h. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Nichols.
i. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Nichols’ case and in recommending only local anesthesia.
j. Dr. Pancake was negligent in failing to protect the privacy of Tessa Nichols and other patients during medical procedures.
k. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Nichols’ procedures and the procedures of other patients.
l. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Nichols’ surgical procedures.
m. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
n. Dr. Pancake was negligent in failing to refer Ms. Nichols to a wound care specialist and in his follow up care with Ms. Nichols.
XVII
SULICIA PETTYJOHN
1. Sulicia Pettyjohn saw Dr. Pancake’s commercials on television. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. She met with Dr. Pancake on May 5, 2007, for a consultation. Dr. Pancake advised Ms. Pettyjohn that he could perform a breast lift for $4,500 and a liposuction for $3,500. Dr. Pancake told Ms. Pettyjohn that he could perform both surgical procedures for a total of $7,500. Ms. Pettyjohn elected to have only the liposuction procedure. He assured Ms. Pettyjohn that he could obtain excellent results and that her tummy would be flat and her waist better defined. Dr. Pancake told Ms. Pettyjohn that he used only local anesthesia and that she would feel no pain during the procedures.
2. On June 8, 2007, Ms Pettyjohn arrived at The Phoenix Center at 9:00 a.m. for her scheduled liposuction surgery. Ms. Pettyjohn was taken to the operating room and tumescent fluids were began at 9:45 a.m. and ended at 11:30 a.m. After Dr. Pancake finished drawing on Ms. Pettyjohn’s abdomen and sides he left the room and one of the nur, ses took pictures and had Ms. Pettyjohn sign some papers.
3. Ms. Pettyjohn was very unclear as to how the surgery would proceed. When the nurse mentioned injections, Ms. Pettyjohn asked about the specifics about the surgery. Ms. Pettyjohn was told that it was normal to be given multiple injections of Lidocaine and that it was part of the NO pain procedure that they had discussed.
4. The administration of the Lidocaine injections was very painful and Ms. Pettyjohn requested the nurse stop a few times as she was feeling nauseous. The nurse went to other areas of the abdomen and continue with the injections. After what seemed like hours of injections, Dr Pancake entered the room.
5. Dr. Pancake punched holes all over Ms. Pettyjohn’s abdomen, sides and back and then Dr. Pancake started the Liposuction. Because the procedure was so painful, Ms. Pettyjohn had to ask Dr. Pancake several times to move from certain spots. When Ms. Pettyjohn told Dr. Pancake that it , felt like he was burning her, Dr. Pancake would just laugh.
6. Throughout the procedure there were several people not associated with the surgery coming in and out of the room and Ms. Pettyjohn would request that the door be closed during her procedure.
7. Ms. Pettyjohn was given multiple injections of Lidocaine in her abdomen to numb the operative fields. She was also given Ultracet for pain as well as Ativan to help calm her. Additionally, she received anti-inflammatory medication with 1 cc of Kenalog 40 in her left hip. The nurse did not wear a gown or cap/hairnet to maintain the sterile field.
8. After Ms. Pettyjohn’s abdomen was numb according to the nurse, Dr. Pancake came into the room and performed the liposuction procedure. Ms. Pettyjohn was not sufficiently numb and experienced a great deal of pain during the procedure.
9. The next morning Ms. Pettyjohn’s husband and sister assisted her so that she could take a shower. There was a very foul odor when the dressings were removed and Ms. Pettyjohn’s stomach looked like it had been burned and it was raw. Ms. Pettyjohn passed out. Ms. Pettyjohn stayed sick for 3 more days. Her skin was very painful and tender and no one could touch her for weeks. Even today, Ms. Pettyjohn feels “needles” all over her abdomen when the water hits her in the shower.
10. At around 4 p.m. Ms. Pettyjohn left the office and her husband had to stop several times so that she could vomit. She was very sick for the rest of the day. She went home and slept until the next day.
11. Weeks and months later Ms. Pettyjohn would call the office to make an appointment and the office staff assured her that everything was normal and if it her midsection did not look any better after six months, Dr. Pancake would do any “touch ups” free of charge.
12. Ms. Pettyjohn still has not seen any improvements and has knots and loose skin on her lower abdomen. She now has approximately 34 scars over her sides, back and abdomen.
13. Ms. Pettyjohn has seen no discernable improvement in her abdomen or waist.
14. The surgical procedure performed by Dr. Pancake will require repair by a competent plastic surgeon.
15. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Sulicia Pettyjohn and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. Pettyjohn.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. Pettyjohn’s case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Sulicia Pettyjohn and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. Pettyjohn’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. Pettyjohn’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Ms. Pettyjohn to a wound care specialist and in his follow up care with Ms. Pettyjohn.
XVIII
WALT WARD
1. Walt Ward believes in keeping very fit and exercises regularly. However, at 58 years of age, Mr. Ward wanted a smaller waist but could not seem to reach this goal through diet and exercise alone. When Mr. Ward saw Dr. Pancake’s commercials on television he thought this would be the answer to getting a smaller waist. He relied on Dr. Pancake’s representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience. Mr. Ward paid Dr. Pancake $3,250 via credit card to perform the liposuction on his abdomen and waist.
2. On July 30, 2007, Mr. Ward arrived at The Phoenix Center. After he received multiple injections of Lidocaine for local anesthesia together with Ultracet for pain and Ativan to calm him, Dr. Pancake began the liposuction procedure on Mr. Ward’s abdomen/waist. Mr. Ward could feel pain during the procedure despite Dr. Pancake’s assurance that the procedure was “pain free.”
3. Dr. Pancake performed the procedure wearing only scrubs and gloves. At no time during the procedure did he wear a cap, gown or mask.
4. Once the swelling and bruising had faded, Mr. Ward could see no difference in waist size after the procedure and felt like he had no tangible benefit having gone through all the pain and discomfort of the surgery.
5. The surgical procedure performed by Dr. Pancake left Mr. Ward with knots, scars, and numbness in his abdomen.
6. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Walt Ward and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Mr. Ward.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Mr. Ward case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Walt Ward and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Mr. Ward’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Mr. Ward’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
g. Dr. Pancake was negligent in failing to refer Mr. Ward to a wound care specialist and in his follow up care with Mr. Ward.
XIX
BARBARA McKEE
1. On March 16, 2007, Ms. McKee saw Dr. Pancake for liposuction. She relied on his representations that he was a Board Certified plastic surgeon with over 20 years of plastic surgery experience.
2. Tumescent fluid was administered from 9:10 a.m. and completed at 11:40 a.m. for a total of one and a half bags.
3. Barbara McKee was taken into the operating room and was given Ultracet for pain and Ativan to relax her for the procedure.
4. Dr. Pancake was performing a facelift procedure in the next room. He told Ms. McKee that generally he does one half of the facelift, does a liposuction on another patient and then completes the facelift. The lady in the next room was having a difficult time and was throwing up. Dr. Pancake asked Ms. McKee if she minded if he went ahead and finished the facelift. Ms. McKee responded that as long as she remained numb, she did not care.
5. Once Dr. Pancake had completed the facelift on the patient in the other room, he returned to perform the liposuction procedure on Ms. McKee. Dr. Pancake was wearing the same scrubs and gloves between procedures. Ms. McKee was in considerable pain during the procedure and the procedure was not “pain free” as represented by Dr. Pancake.
6. Ms. McKee continued to have pain and discomfort following the procedure, particularly on her side. She also noted that her lower abdomen was flat but bulged out in the upper abdomen. Dr. Pancake removed the fat layer down to the muscle on her sides which has caused her sides to become hypersensitive and painful. Repairing Dr. Pancake’s surgery will cost Ms. McKee an additional $4,500.
7. The surgical procedure performed by Dr. Pancake will require repair by a competent plastic surgeon.
8. Dr. Pancake failed to comply with the standard of care of a plastic surgeon in the Chattanooga, Tennessee, community or a similar community with regard to Barbara McKee and caused damages and injuries that would not have otherwise occurred. In particular, Dr. Pancake was negligent in the following manner:
a. Dr. Pancake did not take a complete history and conduct a complete physical examination prior to performing surgical procedures on Ms. McKee.
b. Dr. Pancake was negligent in using the type of anesthesia he administered in Ms. McKee case and in recommending only local anesthesia.
c. Dr. Pancake was negligent in failing to protect the privacy of Ms. McKee and other patients during medical procedures.
d. Dr. Pancake was negligent in failing to maintain a sterile surgical field during Ms. McKee’s procedures and the procedures of other patients.
e. Dr. Pancake was negligent in the technique, method and manner he performed Ms. McKee’s surgical procedures.
f. Dr. Pancake misrepresented his qualifications, training and experience with these surgical procedures and misrepresented the success he had with prior patients.
h. Dr. Pancake was negligent in failing to refer Ms. McKee to a wound care specialist and in his follow up care with Ms. McKee.
XX
1. By performing surgical procedures on the Plaintiffs without properly explaining the significant risks of using only local anesthesia and the number of permanent scars caused by the liposuction procedure used by Dr. Pancake, Dr. Pancake committed battery upon the Plaintiffs.
2. Dr. Pancake negligently performed surgical procedures on the Plaintiffs such that he caused them to suffer unnecessary pain, disfigurement, scars and injuries.
3. The care provided by Dr. Pancake did not conform to the accepted level of professional practice as it then existed in Hamilton County, Tennessee, or a similar community for the care and treatment of patients such as the Plaintiffs in this case. Stated alternatively, the care rendered by Dr. Pancake to the Plaintiffs fell beneath the standard of care. Said deficient care was the legal and proximate cause of the injuries and damages herein complained of and sustained by the Plaintiffs.
4. As a direct and proximate result of the battery, fraud, misrepresentation, violations of the Tennessee Consumer Protection Act, fraudulent advertising, and negligent acts aforesaid, the Plaintiffs have incurred or will incur bills for additional medical care, including bills for services of physicians, hospitals, and medicines. Plaintiffs have suffered and continue to suffer and will suffer in the future pain and both physical and emotional distress. The injuries and consequences of the injuries have caused the Plaintiffs to be permanently impaired, scarred and disfigured. Dr. Pancake’s negligent acts have caused lost income for the Plaintiffs. The Plaintiffs’ injuries have affected their lives and the quality of their lives. Dr. Pancake is responsible for the acts and omissions of his staff and nurses.
5. The Plaintiffs’ husbands, John Ramsey, Jr., Stanley Hollingsworth, Harry W. Davis, Jr., Philip H. Stewart, Paul Hunter, Michael Pettyjohn, and Herchel McKee, have been deprived of their wives’ services and consortium.
WHEREFORE, the Plaintiffs, demand a judgment in such amount as a jury may find to be fair and reasonable for their injuries, pain and suffering, past and future, medical expenses, past and future, impairment and disfigurement, loss of earning capacity, diminished quality of life, and emotional distress, past and future. For violations of the Tennessee Consumer Protection Act, Plaintiffs demand treble damages and attorneys’ fees and an award for punitive damages stemming from Dr. Pancake’s fraud and misrepresentation.
WHEREFORE, John Ramsey, Jr., Stanley Hollingsworth, Harry W. Davis, Jr., Phillip H. Stewart, Paul Hunter, Michael Pettyjohn, and Herchel McKee demand a judgment in such amount as a jury may find to be fair and reasonable for the loss of their wives’ services and consortium.
The Plaintiffs demand a jury trial of the issues when joined.
Respectfully submitted,

LEWIS & OLIVER

By: _____________________________________
ERIC J. OLIVER, BPR# 17509
ANDY D. LEWIS, BPR #01061
Attorneys for Plaintiffs
736 Georgia Avenue, Suite 500
Chattanooga, Tennessee 37402 Telephone 423.756.8203
Facsimile: 423.756.2233


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