The family of a 36-year-old woman who died less than two days after undergoing outpatient cosmetic surgery recently received an award of $1.95 million when a court in Virginia Beach determined that the surgeon and his clinic staff did not provide adequate follow-up care to the woman.
According to a report in the August 27, 2010, Virginian-Pilot, the mother of four underwent a breast lift and augmentation, liposuction and other routine plastic surgery procedures on July 30, 2008. She died 40 hours later at home when the staff at Galumbeck Plastic Surgery failed to diagnose, treat or ensure hospital treatment for an adverse reaction or postsurgery infection that made it difficult for the woman to breath and left her feverish, dizzy and unable to concentrate.
The woman lost her life when she experienced aspiration pneumonia, a condition in which regurgitated stomach contents flow into the lungs instead of leaving the body.
The wrongful death damage award represents the maximum allowable under caps the state of Virginia (VA) imposes on medical or surgical malpractice verdicts. I congratulate my colleague in malpractice law, Kenneth B. Wills, who is very tough and worked with the victim’s family to secure the award.
Every surgery carries risks, and I do believe that surgeons, nurses and technicians almost always do everything they can to reduce those risks and keep patients safe. But when surgical team members make mistakes or miss complications, patients too often lose their lives. When the worst happens, the responsible parties must be held accountable.
EJL
About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono services.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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