We are a patient advocacy project reaching out for help. Please see our online version for more supporting details.

Have you ever wondered why so many of your clients that have undergone gallbladder surgery, for the treatment of gallstones, have no idea why they are experiencing health complications? Some of these patients are experiencing, or at risk of, chronic disabilities and illnesses; and many of these people are left to their own devices. There have been so many cases of patients who are desperately seeking help being blocked by DHBs’ from receiving post-care treatment support, medical advice, or access to services. Patients have been unable to receive a clinical diagnosis of what is going wrong.

We present shocking evidence of New Zealand’s largest on-going health consumer malpractice fraud. We routinely expose medical practitioners in the way they carry out treatment for gallstones through the removal of the gallbladder (cholecystectomy). A body of evidence indicates these surgeries have been conducted illegally whilst causing harm to patients in a direct breach of the legally enforceable Code of Health and Disability Services Consumers’ Rights.

This has all taken place under the protection of the HDC, which we believe has taken extraordinary steps to ensure breaches, including criminal offences, are kept from health consumer knowledge.

This is detailed on our website see www.hdcforum.org.nz  or www.hdcfraud.com  and includes the following:

  • Patients misinformed and lied to about the risk of certain side effects, which may significantly impact on a person’s quality of life.
  • Patients blocked from receiving post-care treatment support.
  • Unnecessary patient deaths.
  • Patients describe cruel, inhumane and degrading treatment, as well as the infliction of physical and mental suffering.
  • A Large proportion of incidents relating to female patients.
  • Inaccurate or false informed consent information forms used.

Medical Malpractice

Gallbladder surgery (cholecystectomy) for treatment of gallstones is being carried out in a manner that is compromising the safety of patients, and also compromising their legally enforceable rights, under the HDC Code of Rights. A laparoscopic cholecystectomy surgery is promoted as the only option for patients and is presented as a mandatory option – or medical practitioners will simply do nothing to help patients. Effectively, this has been guaranteeing revenue for surgeons at a future stage, when patients have no option but to take the surgical route as a course of action.

In order to obtain consent, New Zealand surgeons are openly lying to patients. Surgical treatment is currently presented as having no lasting side effects and patients are led to believe that they can live a normal life, return to a normal diet and not have the risk of digestive problems after gallbladder removal, confirmed by this opinion circulated by surgeons:  “And that the gallbladder was, in fact, an unnecessary vestigial organ (prehistoric) not needed”

See www.hdcfraud.com/100k-reward

Under section 240 of the Crimes Act  1961 No 43, this is obtaining consent by deception, or causing loss by deception. Many patients soon discover their loss is significant and are losing their health, wellbeing and suffering a reduced quality of life, or even dying, as side effects take hold.

Regardless if the gallbladder had completely expired beyond recovery and has to come out, in order to maintain the fraud, once the well-documented side effects become established and detrimentally affect patient health, New Zealand surgeons have taken extraordinary steps to ensure that post-surgery complications are not diagnosed and treatment support is not provided to patients. Correct diagnosis and treatment of complications would contradict surgeons’ claims made to patients. Surgeons have conspired to suppress the truth by presenting information to HDC rulings based solely on their opinions, in order to dismiss any that complications exist, and block support accordingly.

DHB’s are most unlikely to provide any access to medical services that, in the interim, could be used to provide a diagnosis. Furthermore, this omission could be used in a court of law to confirm a criminal offence has occurred by their employees, in breach of the Code of Health and Disability Services Consumers’ Rights (the Code):

Consent for a cholecystectomy is obtained illegally through deception, or even through coercion, concealment and a misrepresentation of the risks and side effects affecting quality of life, including a failure to provide alternative non-surgical treatment options.

The DHB are vicariously liable under Section 72(2) of the Health and Disability Commissioner Act 1994 (the Act) for any breach of the Code by an employee.

Many surgeons, doctors and DHBs hold the opinion that Postcholecystectomy Syndrome is not a real condition, and that removal of the gallbladder function has no likely health complications. This has had the direct effect of exacerbating the seriousness of the post-treatment care support fraud (see further below).

We believe that adopting this position to prevent post-care treatment support is cruel, inhumane and degrading to patients. Physical and mental suffering is occurring as the result of patients’ health failing to improve, or a lack of achieving proper diagnosis. In addition to being a possible criminal offence, and because carried out predominantly on woman, this is also likely in breach of The Convention on the Elimination of All Forms of Discrimination against Women (1979).

It also displays an immoral, unethical and illegal intent to inflict patients with a heterogeneous group of diseases and symptoms presenting following gallbladder removal. These Symptoms occur in about 5 to 40 percent of patients who undergo cholecystectomy, and can be transient, persistent or lifelong. The chronic condition is diagnosed in approximately 10% of postcholecystectomy cases.  Under Section 201, of Crimes Act 1961 infecting with disease, everyone is liable to imprisonment for a term not exceeding 14 years who, wilfully and without lawful justification (patient consent obtained illegally), or excuse, causes or produces in any other person any disease or sickness.

In our role as a patient advocacy group, we have taken the following steps to stop the harm and obtain treatment support for cholecystectomy patients:

  1. Prove New Zealand surgeons are lying incessantly about the surgery and treatment options and brutally harming patients by blocking post-treatment support care.
    1. We have 1500+ patient testimonies, many of which describe crippling health complications and New Zealand surgeons strongly deny their existence. Instead they argue the side effects are not a result of their tenement so no post-care support should be provided, despite a mounting body of evidence to the contrary. http://hdcfraud.com/1700
    2. We have published examples of false, misleading and fraudulent patient information documentation used by surgeons and signed off by the HDC to illegally obtain consent through deception.
  2. Prove the HDC is providing protection to doctors and we expose their possible conspiracy to obstruct justice and their failure to identify the patient’s Code of Rights breaches. As such, the HDC can be held liable as an accessory to patient deaths.
    1. Posted a reward (increased to $100,000) asking for proof that evidence and information provided to obtain consent is not misleading, deceptive and fraudulent and under the protection of the HDC.

http://hdcfraud.com/100k-reward

  1. Publish the HDC investigations of cholecystectomy patients, exposing fraud.
  1. Holding to account those directly responsible and accessories to New Zealand’s largest medical fraud for breaching patients’ rights and causing harm.
    1. Publish open letters we sent to all New Zealand doctors, GI, DHB directors and private hospitals identifying and exposing the fraud.

We encourage you to take the time to confirm this fraud for yourself and help us expose it for what it is.  Take a quick survey of any of your clients to confirm if their rights were breached and read through the testimonies here http://hdcfraud.com/ Survey

Here are the rights routinely breached:

  • Right to have services provided in a manner that minimises the potential harm to, and optimises the quality of life, of that consumer • Right to services provided that comply in a legal, professional and ethical manner, without coercion or exploitation • Right to be treated with respect. (Failure to disclose planned harm outcomes involves tacit deception, in breach of medical ethics four moral principles of autonomy, beneficence, non-maleficence and justice) • Right to make an informed choice without deception and concealment of side effect risks or alternative treatment options

Top ten misrepresentations to patients in order to obtain legal consent:

  • The gallbladder is an unnecessary vestigial organ (prehistoric) not needed • There is no treatment or diet that can prevent or treat gallstones • A gallbladder containing gallstones by medical definition is diseased; and then stating the only safe treatment is to remove the gallbladder • You don’t need a gallbladder to digest food properly • You can live a normal life without a gallbladder • Digestion continues as normal• No likely side effects • Surgery is the only treatment option for gallstones • Removal of the gallbladder is generally considered to have no lasting consequences • There is no adverse effect on the gut’s ability to metabolise fat (no effect on the digestive tract’s ability to break down ingested fats into essential fatty acids and glycerol)

The truth about side effects, blocked from being disclosed to patients by the HDC rulings:

A cholecystectomy (removal of the gallbladder) is considered the “gold standard” for the treatment of gallstones, low gallbladder function and cholelithiasis. There treatment is considered as “having no lasting side effects” and patients can live a normal life after having their gallbladder removed.

The HDC has accepted the unsupported opinions of New Zealand surgeons to be true, honest and transparent, and determined that there has been no breach of patient rights relating to proper investigation and diagnosis for treatment. Post-treatment side effect complications and symptoms known as Postcholecystectomy Syndrome are touted as being merely ‘controversial’ by New Zealand surgeons and as such, never presented to patients as risks.

The HDC has stated in support: ‘Removal of the gallbladder is generally considered to have no lasting consequences, although some people experience more frequent and less formed stools or diarrhea’. A New Zealand surgeon explained the general and specific complications of the procedure (see above) they described the types of complications discussed are those arising interpretatively, or well-recognised post-operative complications such as bleeding, infection, the surgeon stated, “I do not consider that further medical advice is necessary.”

With this ruling issued of no breach of patient rights there are few further options available for patients to obtain a resolution. Highlighted by the stance continually taken by New Zealand surgeons, ‘no real post side effect risks exist’, post care support is blocked, ‘the HDC has addressed in full’.  No DHB is likely to provide services to investigate or provide post care treatment support.  New Zealand’s largest medical fraud was born under the mandated protection of the HDC.

Contrary to this, there is not a single long-term medical study anywhere in the world, carried out on patients, that backs these medical opinions presented to health consumers by New Zealand surgeons (employees of DHB’s). The opinions of these surgeons could be considered a revenue-based fantasy. Comprehensive and reputable medical studies confirm:

The Truth – Postcholecystectomy side effect risks in more detail:

Postcholecystectomy Syndrome (PCS): is a heterogeneous group of diseases and symptoms presenting following gallbladder removal. Symptoms occur in about 5 to 40 percent of patients who undergo cholecystectomy, and can be transient, persistent or lifelong. The chronic condition is diagnosed in approximately 10% of postcholecystectomy cases. The syndrome may occur in two weeks or two decades following gallbladder surgery. The symptoms can be mild and just diminish of person’s quality of life. For some patients, PCS makes life miserable, as patients tend to have more comorbidities, particularly chronic fatigue syndrome, fibromyalgia, depression, and anxiety. Postcholecystectomy gastroparesis patients had increased health care utilization and had a worse quality of life.

The typical symptoms of the postcholecystectomy syndrome include:

  1. Intolerance of some foods, mostly fatty foods
  2. Upper abdominal pain
  3. Constant gas, bloating, flatulence
  4. Nausea, vomiting
  5. Stubborn heartburn
  6. Constipation and or chronic diarrhea
  7. Symptoms, which are very far from stomach such as depression, anxiety, low memory, skin dryness or itchiness, yellowish skin, blurred vision, bruises, tingling and numbness, often colds and more

The problem is that there is no treatment plan provided for PCS. The patients are put under the care of the variety of doctors and medical practitioners with different skills, knowledge, and viewpoint on the postcholecystectomy syndrome. There are three kinds of situations.

The first situation is when the symptoms happen rarely and the entire lab and visual tests present as normal. The patient has symptomatic treatment with the painkillers or gets a referral to a pain management clinic, or sent to a psychiatrist for depression and anxiety. Frequently PCS is misdiagnosed with gastroesophageal reflux disease, food poisoning or food sensitivity, gastritis, dyspepsia, IBS, dumping syndrome, etc.

The second situation is when the lab and visual tests demonstrate increases in the pancreatic or liver enzymes and the dilatation of the common bile duct. Symptoms become chronic. That is followed by numerous diagnostic tests, which are often insecure, including visits to countless doctors, hospitals, and taking all sorts of medications.

The third situation is when an individual undergoes many tests that reveal severe structural changes in the bile duct, pancreas, liver, duodenum, and sphincter of Oddi. At this time, patients have numerous doctor visits, medications, A&E admissions, consultations of specialists, and endoscopic surgeries.

These three situations are not separate disorders; these are the different stages of the sphincter of Oddi dysfunction, chronic biliary pancreatitis, metabolic acidosis, dysbiosis, and adhesion syndrome. Biliary means connection to bile system. The health of the bile, bile ducts, sphincter of Oddi, and gallbladder is inextricably bound to the health of the pancreas, small, large intestines, and stomach.

Like all chronic diseases, there are the functional stage, structural stage, and advanced stage of the postcholecystectomy syndrome

Final request

Please forward the link to our website www.hdcforum.org.nz  or www.hdcfraud.com  to your contacts, particularly any client you have encountered seeking help with post-surgery complications, clients who do not have appropriately diagnosed health issues, or clients assessing informed consent for treatment.

This Email, or letter, has been sent in accordance with the Health and Disability Advocacy Code of Practice, requiring health consumers, in order to receive informed consent and medical support services, to take their own direct action to improve health and disability services. The information is not intended to treat, diagnose, cure or prevent any disease. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition. Consider seeking additional medical opinions when conflicting discrepancies between medical opinions, medical research and patient testimony exist.