In a tragic case of medical malpractice recently decided by one state appellate court, a woman underwent a liposuction procedure at a medical spa and tragically died just a few days later from septic shock. The woman’s husband filed a medical malpractice claim against the company, alleging that the bacteria causing the shock came from the medical spa during his wife’s procedure. He claimed that certain equipment had not been properly disinfected and sterilized.
The case went to trial once, but it resulted in a mistrial based on the improper questioning of a witness in front of the jury. The case was retried, and the jury found in favor of the woman’s husband. The jury awarded him over $3 million in damages. The spa appealed the decision. It argued that there was not sufficient evidence for the jury to find in favor of the husband.
The court explained that it would not set aside the jury’s verdict as long as it was supported by substantial and competent evidence. It also would not second guess determinations of credibility and the weight of the evidence made by the jury. In this case, there was a medical expert who explained how the spa’s procedures for sterilizing and disinfecting the reusable medical equipment used in the procedure breached the standard of care for cosmetic surgeons. There also was evidence that the spa’s breach caused the woman’s death because septic shock occurs after an infection causes the body to go into shock, and she had bacteria present near where she was injected. Even though there was some evidence presented by the defense suggesting that the bacteria could have come from her post-procedure care, the jury’s decision was still reasonable and would not be second guessed. Accordingly, there was substantial evidence supporting the jury’s verdict, and the decision was affirmed.