A plastic surgeon and a nurse pleaded not guilty on Dec.20 to involuntary manslaughter stemming from the death of a 36-year-old mother of two in what was supposed to be a routine breast augmentation surgery.

On the morning of Dec.19, 2018, Megan Espinoza was scheduled for a routine breast augmentation with cosmetic surgeon Dr.Carlos Chacon, 47, and nurse Heather Lang Vass, 42 at Divino Plastic Surgery in Bonita. Espinoza died nearly a month after undergoing the operation.  

Espinoza went into cardiac arrest during the operation, but defendants delayed contacting emergency services for about three hours according to prosecutors. According to Deputy District Attorney Gina Darvas, an unlicensed medical assistant was instructed to inject Espinoza with local anesthesia during the operation. 

Chacon allegedly called other doctors for advice after Espinoza’s condition worsened and was told he needed to call paramedics according to Darvas. The California Medical Board referred this case to the District Attorney’s office following a complaint from paramedics who were “shocked” by Espinoza's condition, according to the prosecutor.

A wrongful death and medical malpractice lawsuit were filed by Megan’s husband, Moises Espinoza against Chacon, Vass, and Divino Plastic Surgery. A hearing is set for May for this pending case. The lawsuit cites a contract signed by Megan on Sept.12 to undergo breast enhancement surgery at  Divino Plastic Surgery in Bonita where a licensed anesthesiologist was to administer the anesthesia.

“As a physician and a malpractice attorney, doctors and nurses know better and they need to be held accountable,” attorney Christian Jagusch publicly said. “The care, or lack of, is shocking. It shocks the consciousness when you think that none of this should have ever happened in the first place. And, not only should it not have happened, the actions following it brings this to a much higher level."

Both Chacon and Vass remain out of custody on numerous bail conditions. One of them barring Chacon from performing surgery if a licensed anesthesiologist or certified registered nurse is not present to administer anesthesia.  A two-day preliminary hearing was tentatively set for March.

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