The parents of a child whose birthmark removal surgery resulted in facial disfigurement have sued a Louisiana plastic surgeon and ASC for malpractice and negligence.

William and Brandi Hoffman, parents of the patient named in court records as "C.H.," are seeking damages in excess of $750,000 from John T. Lindsey, MD, and the Houma Outpatient Surgery Center in Metairie.

On Jan. 30, 2008, C.H., then 4 years old, underwent surgery to remove a nevus sebaceous from the chin and neck. Post-operative scarring caused the skin at the surgical site to contract, according to the lawsuit, pulling down the child's lower lip and rendering it unable to close with the upper lip. In addition, skin tethering limited the movement of the child's neck.

The lawsuit, filed in federal court in New Orleans, alleges among other charges that Dr. Lindsay lacked experience, performed the surgery negligently and without appropriate care, and failed to adequately explain its potential risks.

The plaintiffs also argue that the surgery center was negligent for failing to provide a safe environment, necessary patient care and sufficient safeguards against post-surgical injury.

Through his attorney, Stewart E. Niles Jr. of New Orleans, Dr. Lindsey has reported that C.H. developed post-operative hypertrophic scarring and keloid formation, "which is an unpredictable, abnormal pattern of healing and which is not caused by negligent surgery."

Mr. Niles notes that a review of the case by 3 board-certified plastic surgeons concluded that "there was nothing Dr. Lindsey could have done to prevent [the scarring]" and found his treatment "appropriate."

"To date, plaintiff has not identified any plastic surgeon to disagree with the medical review panel or Dr. Lindsey," says Mr. Niles.

Landon Tucker, MBA, CASC, administrator of Houma Outpatient Surgery Center declined to comment on the pending litigation. Joseph R. Joy III, the Lafayette, La., attorney representing the Hoffmans, did not return a call seeking comment

David Bernard