Cosmetic Surgery Death Leads to Medical Malpractice and Wrongful Death Lawsuit; Kingston, New York MedMal Lawyer Weighs In

A non-certified surgeon that performed a liposuction on a Florida woman, which resulted in her death in 2010, has filed a medical malpractice lawsuit alleging that the surgeon improperly administered the anesthesia which led to the patient's death.

Additionally, the surgeon caused the death of a second patient during a liposuction procedure because she went into cardiac arrest during the procedure. However, the surgeon did not properly monitor the patient's vital signs, did not have a "crash cart" (which is to help resuscitate a patient quickly), failed to establish/keep an airway for oxygen, and failed to quickly realize and diagnose the patient was suffering from cardiac arrest.

In BOTH of these cases, the surgeon was not qualified to administer anesthesia nor did he have a qualified technician present. Further, he failed to have proper protocol and equipment to deal with the dangerous side effects of anesthesia.

This MAJOR lawsuit really highlights the dangers here I wrote about awhile ago. I wrote that cosmetic surgeries required multiple and length consultations with plastic surgeons, diagnostic tests, and long cost-benefits analysis. Most often now consultations are not with a plastic surgeon but another staff member acting as a salesperson, procedures are rushed and typically done in small offices, and generally cost significantly less money than the "going rate" for the surgery actually should cost. Therefore, most of the centers do not sufficiently screen patients for complications or problems prior to the procedure, there is inadequate follow-ups conducted, and procedures are either unnecessary or will simply not get good results; something the staff may already knows! This is evidenced by a 77% increase in cosmetic procedures last year alone!

While I know the New York State government is looking to press regulations and stricter standards-slothfully albeit-there really should be a NATIONAL standard provide. Yes, welfare of the citizens is reserved for the states. However, under the federal commerce clause in Article 1 section 8 clause 3, congress can regulate "commerce with foreign Nations, and among the several States, and with the Indian Tribes." Just how the Affordable Care Act has been justified by most of the courts, a national standard for cosmetic surgery needs to be done as well! If ONE state did not adopt it, that would just permit citizens of another state who did adopt it to go into that state for the surgery. You might say this won't happen, but people actually go to other COUNTRIES (!!) for surgeries that are cheaper, particularly organ transplants; this is called medical tourism.

Again, cases like this-sadly-are not unique. Do you know someone this happened to? Your time is ticking to file a lawsuit! In some cases, as short as two and a half years from the date of the injury!! Please do not hesitate to call me-I would love to hear from you! In fact, last time cosmetic surgery generated a lot of responses-I would REALLY LOVE TO HEAR FROM YOU ALL!!! Please comment, share this story, and express your opinion on it!

I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@mmolaw.net. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.