“This Lady Had Plastic Surgery, She Was Ignored and She Died”
A family was recently awarded over $1.95 million in damages in an alleged medical malpractice case. The lawsuit involves cosmetic surgery that took a fatal turn.
Ms. Lopez was like many mothers, who opted for cosmetic surgery to make herself feel more attractive after having children. The 36-year-old mother of four elected to have a breast lift and augmentation, liposuction, and a tummy tuck. Just one hour after her operation, Ms. Lopez was sent home, despite that she was allegedly having trouble breathing. In the words of her family’s lawyer, Kenneth Wills, she was “whisked out the door.”
Supposedly, Ms. Lopez was not only having breathing problems, she was also experiencing dizziness, fever, concentration and difficulty moving, following the surgery performed by Dr. Matthew Galumbeck. The next day, her sister reportedly called a nurse out of concern over Ms. Lopez’s symptoms, but according to Mr. Wills, no one followed up. That evening, Ms. Lopez’s daughter found her mother in bed, unresponsive.
Based on the autopsy, she died of aspiration pneumonia, which was the result of the contents of her stomach traveling into her esophagus and down her trachea into her lungs.
What did Dr. Galumbeck have to say about the situation? He testified that his patient, Ms. Lopez, did not have any complications during the operation. The doctor said that he reviewed her medical records before she left the recovery room and did not notice any warning signs of distress.
Dr. Galumbeck’s attorney argued that his client did not violate the standards of care. Mr. Wills put it differently – “what matters in this case is this lady had plastic surgery, she was ignored and she died.”
UPDATE 10/5/2010:
Following the jury’s decision, the defendant’s attorney filed a motion to set aside the verdict. However, on Friday, October 1st, Circuit Court Judge Edward W. Hanson Jr. denied the motion and upheld the jury verdict.
Mr. Wills was quoted as saying, “I think that the decision was correct. She left four children. Three of them are very young and will have many, many years without their mother.”