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Update on an Alabama girl pressing criminal charges against doctors in the Colombian Penal system

Hi guys I just wanted to give an update - I posted this a while back , and wanted to respost it. I am sure many people do not remeber this post , but for those that don't I will repost the original topic...after this post....

I got some really scary replies to my first post, and the thread was locked ( thanks the lord)
I want to say something before I give the update -

I don't believe in violence. :( I am very religious , and believe in karma. Some of thise posts were kinda scary.

This man has already made me live a hell on earth. I refuse to live in hell in the afterlife for this fool.

Although when I do tell Colombians about what happened this is there general sentiment. I've heard it so many times. I see first hand why this country is so violent. However- I don't understand the desire to kill someone off. The worst type of hell is here on earth, and what goes around , come around eventually. God takes care of this.

It is my hope that through the criminal systme here AND in the United States - this man will loose his medical license , and at least there will be some justice done.

OK LOL here is the update!

They finally showed up to the fiscalia! They waited a year ( playing with time, and trying to 'alargar' the case is their defense ploy. They are or have been betting that I will get tired of this , and just give up , or forget about it. Which is not going to happen.
They are denying EVERYTHING , lol , and according to my lawyer - they have no case whatsoever.

I was told that the bogus doctor claims - get this - that since I did not show up to preoperative appointments - that the real doctor decided to operate on me vis a vis MY PHOTOS. In other words he checked out my pictures and then came in and operated. LOL That's the defense! Also he admits to doing the surgery that was not even on my conest form.

The bogus doctor is denying that he ever forged my signature BUT he refuses to turn in the original copy of the fiscal. Here in Colombia they need the original document so the graphologist can do the tests. If not there can only be a preliminary decision if the signature is forged - - - She has told him several times to bring the document in and he 'se hace el loco' and keeps brining in photocopies.

OK - so I will have to wait to see what happens. If he refuses to bring in the orginal forged consent form - I'm pretty sure I win by default. He won't be able to prove that I did indeed consent to the wrong surgery , or that I consented to the other bozo who operated on me.
OK now here's the GREAT news.

I hired a private detective and Mr. Marino is get this ----------------------

wohooooooooooooooooooooooooooooooooooooooo

FROM THE UNITED STATES OF AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!

Been doing a lot of research. And given the threats against my life, and the forged signature. I might be able to press legal charges here in the United States against him. In Colombia lie detectors aren't used that often BUT here in the US they are a valuable tool. That along with the emails I have recieved, phone calls to my home in South Carolina, and witnesse, also in the United States the orignal document in NOT needed to prove forgery. I can bring in a forensic expert to give testimony ( ahem they SPELLED my first name wrong apart from sloppy job! ) and that's that.

Plus he travels back and forth all the time to visit his dad - - - technically speaking within that time period he could have done the forgery in the United States.

OK and I also have reported him to the IRS - for possible tax fraud.

If he's american , and working as a big shot plastic surgeon - how much ya'll wanna bet that he doesn't report to the IRS! If he's gonna lie about where he got his postgraduate degree from -I'll bet there's a good chance he's pocketing ALOT of money away from the eyes of the IRS. Call it a hunch :)

I will find out more about this in the next few weeks. I haven't been to Bogota as of late to see how it's going - but the 'novela' continues.

On a sad note - I am still very affected by what happened to me :( I try to be happy, but it's so hard trying to forget about all of this - when just going to brush your teeth ,and catching a glimpse in the mirror reminds me of all that I have lost when I see the disfugred face looking back at me ...sigh :( I miss my boyfriend too.

Not trying to overdramatize , but it hurts so much. I miss being able to work in front of the cameras. Something I had done all of my life.

Anyhoo
Here's a copy of what I found on the net about this
O--------------------------------------
Under current law, American civilians who commit crimes abroad are subject to the laws of the host country, and must be tried by the host country's criminal system. But Sessions and co-sponsor Sen. Patrick Leahy, D-Vt., argue that host countries are often not interested in prosecuting crimes against Americans, particularly when the crimes are committed by an American against an American.
. 768 would give the U.S. authority to arrest and prosecute civilians only if the host country does not do so. If the host country takes no action against a suspect, the Defense Department can arrest the individual and turn him over to civilian law enforcement authorities for prosecution in the United States. S. 768 would follow procedures used for crimes committed at sea. The U.S. attorney's office prosecutes suspects in whichever district court they are brought to in the U.S. by law enforcement authorities.

By adviceplease on Nov 22, 2005, 21:03 in Friendly Talkzone.

adviceplease says on Nov 22, 2005, 21:05:

here is the original post in which this post is refering to Ok this is a rather complicated story but it I really really need advice on what to do.

I ask my American friends and my Colombian friends here on this forum. I have posted before but here I am posting this under a pen name.

It’s a very precarious situation and I would love some input from people on what to do . .

One year ago I was duped doctor pretending to be plastic surgeon.

Turns out he had no idea what he was doing and while I was under general anesthesia he hired another doctor to do the job…so they could split the money. . .

Well this doctor who came into my operation room while I was under general did the wrong surgery and subsequently my face was disfigured pretty badly.

I found out that the doctor I had initially authorized for the surgery was not a real one …..when I came running to his office crying . . .after the bandages had been taken off.

I had huge scars all running all over my face …and I demanded answers. I wanted to know why had he cut my face so badly.My face and eyes were never supposed to be cut!

Well he did not want to take responsibility for it and he introduced me to the “real” doctor the next day . The real doctor was rude and very mean. He would not give me his name either. I then asked the secretary , “What is the name of the man who operated on me …what is his name?”

`She claimed not to know and then said that it began with “R … R algo”. I then proceeded to call every doctor in the yellow pages with the last name R until I found the one that ruined my face. He was very cold and rude to me on the phone and then “Ya sey donde vives y donde estas”I know where you are now and where you live and he slammed the reciever down without saying goodbye. Basically he tried to intimidate me.

` Well I went to the clinic where I was operated on ..to get my medical charts. . . and lo and behold the doctor ….Rito Marino’s ( the doctor who operated on me without my permission) name comes out in my general anesthesia papers as my doctor and not the man I consented to while I was awake.

I also went to the Ministerio de Salud ( health department) and found out the bogus doctor was not a real one and the health department shut down his clinic. . .and is currently investigating him.

I tired to get the doctors to pay for the repair of my face. The muscles under my eyes are completely torn and truncated. My tear duct doesn’t work properly. I even went to Medicina Legal and they have given me an official document stating that I am disfigured. Well the doctor and the bogus found out I was taking action and decided to FORGE my signature . . .on a bogus consent form. They tried to say that I was crazy and forgetful …they even altered my preoperative image with adobe photo shop. Luckily I have tons of video and footage of how my face was before.

I have pressed criminal charges against them for fraud , lesiones personales , and for forging my signature. I have also received numerous threats …they went so far as to call my son’s school . . .and
They also called my 80 year old grandmother in the United States .

The Fiscalia has given them two citations and they don’t show up. The doctor who operated on me without my permission is a member of the Colombian Society of Plastic Surgeons and the society has have all of the proof and know about the case.

After I received the threats from Rito Marino …I also emailed the United States Embassy and gave them all the proof and medical, legal papers backing up my charges.

I also further investigated this doctor and he has previous charges of homicide and he is a sanctioned doctor from Tribunal de Etica Medica. He perforated one of his patients legs….and she died on the table.
He operated on her without a signed consent form ( as in my case) and that is why he received sanctioned from the Medical Tribunal.

One gone by and nothing ….they refuse to go to the Fiscalia …and the calls to my parents house in the States continue.

Can anyone please give me any advice ? How do I handle this matter. Two days ago while in vacation in Cartagena I did a mini protest at the Plastic Surgeons Conference ..and was interviewed by RCN. RCN wants to continue the investigation and help me out. I am also planning on going on a TV show called la Noche on R.C.N. with my story.

This man has an evil heart . . .is a criminal …and I want to protect any other possible victims.

Even though the Colombian Society of Plastic Surgeons knows all about this the President denied iknowing anything when he was interviewed by R.C.N. about the case...and thi sman is still allowed to remain a member.

Why do they protect this criminal? How can this man just walk around like it’s no big deal…the fact that he has an orden de captura ( warrant for his arrest ) out for him ? I know this is Colombia …but I have heard there is justice ….and that I am not wasting my time. Am I? Most Colombians tell me that ...that there is justice it just takes a long time. What should I do about all the threats?

I am not scared by them because they are the true cowards…nobody has the right to take advantage of a person while they are under general anesthesia and disfigure them…then forge their signature to make it seem as if that person was ok with it all. He didn’t even do the correct surgery!

I understand that there is crime in Colombia.However most of the crime is for necesity ..the need to eat ...the need to pay rent. The doctor who disfigured me comes from a privileged family and there is no excuse for his behavior. He was not hungry just greedy…and evil. I would have rather been robbed by some poor dude on the street than having to be disfigured for life by this criminal.

It was like going in to have your teeth whitened and waking up with no teeth . . .

They were also so stupid on the forgery that they left out a letter in my name!

Oh and by the way this guy is a dual citizen of the United States ( his father is a resident in NY). He also falsely claims to be a member of the American Society of Plastic Surgeons …and falsely claims to have gone to Tisch medical school. I contacted them and they said they had no idea who he is.

It's all lies and the Colombian Plastic Surgery Society all knows this. I am also thinking about going to the police in the Untied States. . . About the threats. . . I am just so confused right now.

Any advice input appreciated from the heart.
Thanks in advance!

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ElPadrino1 says on Nov 22, 2005, 21:29:

Thats the Price One Pays For Surgery In A Country Such as Colombia. There is an associated Risk for Cheaper Surgery and that is there really is NO system of Legal Redress in Colombia for Botched Plastic Surgery.If you were very well "Connected" politically there may be a good chance.I would think one(esp a foreigner) would need mighty deep pockets to pursue a Colombian Doctor through legal channels there.Good Luck! Maybe other posters more familiar could advise you to other resources. If he does any work here(USA) you could turn him into the Government Fraud Hotline and possibly receive a reward.

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adviceplease says on Nov 22, 2005, 21:48:

Thanks soo much guys for the replies .... ! ! !
LOL Mario y'all!
No no hitting , just jail time ( hopefully) , and some medical sanctions....
I'll be updating :) ;)

Padrino - the issue isn't just the botched surgery, it's the forgery , and the fact that doctor wasn't legal, and he hired another dude to do the job , and the wrong surgery was done ( something not on my consent form)

If I had gone to a doctor , and he opearted on me , and it was botched , then I totally agree would be impossible b/c that was a known risk, and my risk.

Jejeje and I'n not exactly Miss Daddy Warbucks , but what will help me is the fact that I was a working soap opera actress here :) I haven't gone to the media as of yet, but it's in the works.I'll say which show/ time in advance/
Also lawyers are taking my case for free. Ther has not been a single lawyer who has not said that I won't win.

Dudes if it had been anything other thing I would have let it go, but playing with someone 's face- no way jose...

Thanks for both of your comments. Sounds silly , but it good to talk here about this to people in English.

Ciao!!!

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adviceplease says on Nov 22, 2005, 21:55:

LOL and excuse all the typing/spelling errors...

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kernow62 says on Nov 23, 2005, 04:53:

You found lawyers in Colombia to take the case for free? I'm confused, is this case going to be in Colombia or the US? Surely if the misrepresentation and the forgery were on Colombian sovreign soil then a US attorney would have no recourse, even though he is a dual citizen.

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CuriosJoe says on Nov 23, 2005, 05:50:

Adviseplease? What happened in the first place could you explain? Your post has so many LOLs that the whole thing seems a joke LOL LOL

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juanalejo says on Nov 23, 2005, 05:54:

Colombia Comments such as ElPadrino are the ones that makes us Colombians dislike sites like this. It is not a problem with having surgery in Colombia, it is a problem with having surgery in any country with a non qualified doctor. In Colombia there a society of plastic surgeons, I am sorry to say the first problem is not checking on that. Same would happen if somebody would go to the USA and have surgery in a small improvised clinic with a non qualified doctor and expect good results and then blame the country for being naive. I am sorry for what happened, but this would not have happened if things would have been done through the right channels and the right doctors. Well I wish you the best, and I wish you get enough money to pay for a reconstructive surgery. And Mario by the way if the lawyers are taking this case for free it is not exactly because they are expecting to get 50.000 pesos. This site should be called ABC: "Americans bashing Colombia" instead of PBH.

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Lucia Rojas says on Nov 23, 2005, 06:59:

well yes jaun alejo but she does say that he is a member of the sociedad de cirugia plastica or what ever....

I hope you nail him!

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Hunter says on Nov 23, 2005, 07:34:

adviceplease on Keep going, nail the B.......

Hunter

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Albatross says on Nov 23, 2005, 08:59:

“Democracy - a pathetic belief in the collective wisdom of individual ignorance." - H.L. Mencken

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ElPadrino1 says on Nov 23, 2005, 16:42:

Thats the Truth of the Matter Juanangelo Why are you offended? It could be ANY country that has no legal redress but we happen to be speaking about Colombia. Apparently you thought I was taking a shot at Colombian Doctors and no where in my Posts have I done or implied such a thing. Tort/legal system YES! Why should any Colombian be offended by what I wrote in my above post??? If you follow the news you will see that Colombians(some have also received botched surgery) also suffer from this shortcoming in Colombia's Legal System. Tell me they would not enjoy taking their Surgeon to Court for Legitimate Damages they suffered at the hands of their Surgeon. Look at the many Car/Pedistrian/Bus/Industrial accidents in Colombia and no redress ! Is this fair or just? Better off not to talk about it? I don't think so-change for the better occurs when a situation or shortcoming is publicized, investigated and hopefully, addressed and changed.

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juanalejo says on Nov 23, 2005, 17:02:

"Thats the Price One Pays For Surgery In A Country Such
as Colombia." This is what is offensive, and sorry if I got back at you but this type of permanent comments that make this site offensive. The only reason I am still around as one of the few Colombians who dare stay posting, is because I do care about this country and generalizations such as yours make so much harm to the hard working professionals who are trying very hard to create a better name for all of us in Colombia. And by the way there is a legal system that works once in a while, when a good lawyer makes it work, and just like adviceplease said she seems to be on the right track now.

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paisagringo says on Nov 24, 2005, 08:35:

more women die from botches surgeys ie breast augmentations, facial, and lipo performed in the Dominican Rep. than any other country in the world.
LIPO is the #1 surgery with the most risk,6 out of 10 women expeirence complications with septic poisoning due to puncture to vital organs,liver, intestinal/ gi tract, gaul bladder, even the siatic arterie on several patients reportedly have been severed while sucking fat
all of which have absloluty no recource and some even die on their return flight to the states
60 minutes jan '05

happy thanksgiving

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