Implant Dr being sued
Accused of causing patient scarring, depression and shock
A Brisbane cosmetic doctor has been sued for negligence by an ex-patient claiming she was given breast implants not approved by the nation’s medicines watchdog and he earlier “reused” implants.
Ian Antonio Chinsee, managing director and cosmetic doctor at Inigo Cosmetic in Fortitude Valley, is accused in the District Court of causing patient Cassan Rodgers scarring, depression, anxiety and shock.
Details of the civil claim for damages against Dr Chinsee – hit with restrictions on his practice by the health watchdog in February – were revealed in a decision by Judge Jennifer Rosengren on April 22. Judge Rosengren gave Ms Rodgers the green light to continue her claim despite the expiry of the threeyear limitation date, an order which Dr Chinsee opposed.
She agreed to extend the time to sue because she found Ms Rodgers did not know the surgical complications she experienced “could be explained by” possible negligence by Dr Chinsee until she received an expert medical report by a plastic surgeon.
Ms Rodgers, who works at retailer Bed Bath N’ Table, is suing Dr Chinsee for personal injuries, loss and damage from four surgeries related to bilateral breast augmentations between September 1, 2017 and August 14, 2018.
She has pleaded 21 particulars of negligence related to her postoperative care after the first surgery, Dr Chinsee’s decision to reuse her implant in a second surgery, her post-operative care after the second surgery, using the non Therapeutic Goods Administration implants in the fourth surgery and not referring her to an appropriately qualified and trained medical specialist.
The decision states Ms Rodgers had a bilateral breast augmentation on September 1, 2017, but had revision surgery on her left breast on January 23, 2018 after she had some fluid leaking and Dr Chinsee thought the implant had flipped. He reinserted the same implant used in the first surgery, but after ongoing complications, including a failure of the surgical wound to heal, the implants were removed a month later in a third surgery, the decision states.
The fourth surgery was in August 2018 when she had a second breast augmentation involving implant revision using different implants, called B-lite, which had not yet been registered by the TGA.
Ms Rodgers claims in her lawsuit Dr Chinsee told her while the non-tga implants had not yet been registered, that they would be. She also claims he told her he would not be charging her for them as he she would be a “trial case”.
Ms Rodgers recovered well from the fourth surgery but told the court she is unhappy with the cosmetic results.
In her claim Ms Rodgers states she suffered “intermittent physical pain and complications post-surgery” requiring further surgery and the “ordeal has also induced significant anxiety, particularly about seeking help from another surgeon due to the fear and mistrust engendered by the initial experience.”
The decision refers to an expert liability opinion given by plastic surgeon Andrew Campbell-lloyd to Ms Rodgers’ lawyers, which states Dr Chinsee “failed to diagnose post-surgical seromas in two post-operative consultations following the first surgery and a further consultation following the second surgery”.
Dr Campbell-lloyd also states Dr Chinsee should not have reused the implant he had used during the first surgery during the second surgery.
The decision states Ms Rodgers complained to the state’s Office of the Health Ombudsman (OHO) on February 25 last year about Dr Chinsee telling them she was “concerned because” her implants were not TGA approved and “my results are terrible”.
“I am concerned with the health risks of having non-tga approved implants in. … I am concerned that this cosmetic surgeon is using non-approved implants in his surgeries and I am not sure how he is even able to source these? Is it legal??” she asked the OHO, the decision states.
The OHO has passed her complaint to the Australian Health Practitioner Agency (AHPRA) for further investigation, which is ongoing, the decision states.
The AHPRA website says on February 6 this year the Medical Board of Australia slapped detailed conditions on Dr Chinsee including he “must be supervised” by a plastic surgeon or other breast surgeon and must discuss the management of patients and/or his performance with the supervisor “weekly”.
Prior to surgery Dr Chinsee must discuss with his supervisor the proposed technique, the anticipated risks, confirm that informed consent has been obtained from the patient and discuss the outcomes of every surgery, any complications experienced and compliance with recommended device usage.