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From Medical Malpractice to Wrongful Death

From Medical Malpractice to Wrongful Death

Personal injury cases do not get more serious than wrongful death. Although wrongful; death is civil charge which almost always involves medical malpractice, in certain circumstances, it could also attract criminal charges and protracted custodial sentences.

According to the New York Post, Dr. Oleg Davie is finding this out in a very hard way. Not a stranger to disciplinary decisions regarding negligence, the Post reports that Dr. Davie had previously been fined a hefty $100,000 by the Department of Health and restricted to cosmetic medicine and 3 years probation for medical negligence in an unrelated case.

Dr. Oleg Davie, a Manhattan cosmetic surgeon is believed to have performed what was evidently a very dangerous cosmetic surgery procedure; liposuction, on the deceased, Isel Pineda, despite his awareness of the fact that she had a heart transplant in 2004.

The deceased reportedly suffered cardiac arrest after the liposuction procedure and died. It is alleged that Dr. Davie attempted to destroy documentary evidence which would have confirmed his knowledge of the deceased's medical history of heart transplant.

Why It Failed

The attempt failed because Isel Pineda's friend, who was meant to pick her up after the procedures had the original papers. It could, in any event, have been contested that there were tell tale scars especially on Ms. Pineda's chest to suggest her medical history. And as such from a civil case of medical malpractice resulting in wrongful death and what may potentially be significant entitlement to the deceased's family, Dr. Davie now also faces the prospect of up to 34 years in prison for the criminal offence of manslaughter.

Wrongful death cases can be very difficult for the family and loved ones of the deceased for very obvious reasons. Our attorneys are experienced enough to recognize the needs of our clients and to proffer excellent professional advice and support with compassion at this most difficult and trying time.

Contact the Belushin Law Firm today to get started on your case.


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