Mother of Three Brain Dead from Spa Procedure
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October 4th, 2009
The family of Rohie Kah-Orukotan, a 37-year-old nurse and mother of three, struggle with the decision of taking her off life support at after she suffered a complication during a spa procedure that has left her brain dead.
On September 25th, Kah-Orukotan went to a beauty spa, Weston Medspa of Westin, FL, for a routine liposuction procedure. Dr. Omar J. Brito Marin performed the procedure, but complications arose at the very end, which caused a seizure and rendered the patient unresponsive. Dr. Brito’s attorney states that the doctor immediately administered emergency care and called 911. It is unclear what types of emergency procedures or equipment the Weston Medspa had in place, but medspas are not required to have special emergency procedures or a crash cart filled with medications and equipment because they are not licensed for office surgery. Kah-Orukotan was taken by ambulance to Cleveland Clinic, where she has remained hospitalized on life support and certified brain dead.
Liposuction is not a service listed on the company’s website, nor is Weston Medspa licensed by the state for traditional liposuction under general anesthesia. Under state rules, medical offices do not have to be licensed to perform “lite liposuctions” that use only local anesthesia while a patient is awake. It is unclear which type of liposuction procedure was administered to Kah-Orukotan. Dr. Brito has a background in occupational medicine and is not not board-certified or trained in anesthesia or plastic surgery. "Dr. Brito was unaware of the licenses that were obtained by the clinic or the licenses enforced by the clinic," Brian Bieber, Dr. Omar Brito's criminal defense attorney, told ABC's Good Morning America.
According to the Florida Department of Health website, the State of Florida Board of Medicine disciplined Dr. Omar J. Brito Marin in 2006. It also states that Brito elected not to carry medical malpractice insurance and instead agreed to satisfy any adverse judgements up to the minimum amounts required by law.
The Broward Sheriff's Office is investigating the circumstances of the surgery and Dr. Brito’s response to Kah-Orukotan’s medical emergency.
If a person is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. At Napoli Bern Ripka LLP, we know that dealing with the death of a loved one is difficult. If someone else's negligence has contributed to a loved one's death, contact us at 888-529-4669 to discuss what you can do to recover for the loss.