Plastic Surgery

Atlanta Surgeon’s Bankruptcy: Disfigured Patients Speak Out!


In the face of multiple lawsuits from patients, Cole staunchly defended his practices through his attorney, asserting he has consistently maintained a high standard of care throughout his impressive 35-year career, performing thousands of procedures without any complications. His lawyer, Scott Bailey, emphasized that cosmetic surgery inherently carries known risks.

“Patient safety and satisfaction are his top priorities. He has devoted his entire professional life to mastering the specialties of facial and oculoplastic surgery,” Bailey stated regarding Cole’s commitment to his craft.

Cole, a licensed ophthalmologist who markets himself as a plastic surgeon, is currently under investigation by the Georgia Composite Medical Board, which is set to renew his license in March.

As of Thursday, the board’s executive director had not responded to inquiries. It’s important to note that complaints filed with the board and its investigative records remain confidential.

A patient of Atlanta cosmetic surgeon Harvey "Chip" Cole claims he damaged her facial nerve, cut too much skin from around her eyes and made asymmetrical incisions during a surgery at Northside Hospital Atlanta in October 2022. The patient, who didn't want her name published, sued Cole, his Buckhead business Oculus Plastic Surgery and Northside on Sept. 18, 2024. (Courtesy)

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Bankruptcy Halts Lawsuits

Cole’s recent bankruptcy filing has thrown a wrench into the ongoing patient lawsuits, effectively putting them on hold. Patients listed as creditors are now petitioning the bankruptcy court to allow their cases to proceed while the couple’s finances are under scrutiny.

Attorney Seay revealed that Cole’s insurance company is involved in these patient lawsuits, which are separate from the couple’s personal estate issues. A decision on the patients’ request will be made by the bankruptcy judge on December 17.

“From what I’ve seen, there doesn’t seem to be much for the lawsuits to impact,” Seay remarked. “It looks like a series of poor business decisions, unwise investments, and accumulating lawsuits have culminated in this overwhelming debt.”

As of now, the couple’s bankruptcy attorneys have not issued a statement.

In a comprehensive 50-page form submitted on November 20 to the U.S. Bankruptcy Court for the Northern District of Georgia, the Coles outlined their debts and assets, attempting to safeguard various items from liquidation. This includes a 2021 Jeep Wrangler, firearms, and thousands in jewelry, electronics, clothing, and household goods.

Interestingly, property tax records indicate the couple does not own the Brookhaven home they reside in; it’s listed as the address for one of Cole’s businesses, InsideOut Beauty LLC.

Their financial liabilities are staggering, totaling $5.4 million owed to the U.S. Small Business Administration, $4.6 million to a New York-based business solutions company, and more than $176,000 in outstanding taxes at the federal, state, and county levels.

Court documents reveal that Cole also owes $2.8 million to an Alpharetta equity company that was dissolved in 2022 and nearly $260,000 to a corporate landlord for unpaid rent dating back to 2020.

Additionally, Cole’s former legal representation, a prominent Atlanta law firm, has taken legal action against him for unpaid bills, amounting to over $100,000.

Unclear Ties to Northside Hospital

Cole is being sued alongside Northside Hospital by five patients, all of whom underwent surgeries at Northside facilities or had procedures scheduled there. A representative from the hospital system has previously declined to comment and did not provide any responses to inquiries on Thursday.

“He wouldn’t have had a surgical center without their support,” Seay highlighted, accusing Northside of prioritizing profits over patient safety and turning a blind eye to Cole’s alleged malpractice.

Cole’s state medical board profile indicates that he claims to have hospital privileges at Northside.

However, Seay believes these privileges have been revoked, stating several patients mentioned that their surgeries were relocated from Northside to other venues without prior warning.

In one recent case, a Georgia woman alleged that Cole quoted her $33,501 for various procedures at Northside but later insisted they could only be performed at a “cool sculpting spa” in Atlanta for just $3,216, leading her to wisely decline the revision surgery.

The lawsuit poignantly underscores her apprehension regarding Cole’s changing course of care.

Moreover, Seay mentioned that state medical board investigators are probing allegations of Cole conducting “off-the-books” surgeries at spas on weekends.

Decades-Long Allegations

Cole’s track record is marred with accusations of botched surgeries spanning over two decades.

He faced legal consequences for the 1999 death of Jeannie Huff, whose blood pressure plummeted during a routine eyebrow lift in his office. Another case, initiated by a female physician who suffered an infection due to unsanitary instruments, was settled just as the trial was underway.

In 2003, Cole successfully defended against claims that he left a patient with severe complications, including a sunken eye and limited taste and smell. A Fulton County jury subsequently cleared him of any wrongdoing.

In 2008, a jury awarded $1.2 million to another patient who was left with permanent scars after seeking a more youthful appearance through Cole’s surgery, which resulted in open wounds that took nearly a year to heal.

Marietta real estate agent Betty Nestlehutt was left with large permanent scars after undergoing surgery by Atlanta cosmetic surgeon Harvey "Chip" Cole in 2006. She won $1.2 million at trial against Cole. (Courtesy)

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In a landmark ruling in 2010, the Georgia Supreme Court upheld the verdict in the Nestlehutt case, effectively eliminating the state’s limit on certain damages in medical malpractice lawsuits, marking a significant shift in the legal landscape.


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