Healthy Living, Legal

The Divino Plastic Surgery Lawsuit: A Closer Look

The medical landscape, especially the cosmetic surgery sector, has its fair share of controversies. One of the most prominent cases in recent years is the Divino Plastic Surgery lawsuit. This case has highlighted the potential risks associated with aesthetic procedures, the critical importance of patient safety, and the dire need for robust regulations.


Highlights of the Divino Plastic Surgery Lawsuit

  • The Divino Plastic Surgery Lawsuit refers to a legal case involving a Californian plastic surgery clinic named Divino Plastic Surgery.
  • This case garnered considerable attention as it involved serious allegations against the plastic surgery clinic and its lead surgeon, Dr. Carlos Chacon.
  • The plaintiff was a former patient who underwent a procedure at Divino Plastic Surgery and experienced severe complications post-operation.
  • The lawsuit claimed medical negligence and malpractice by Dr. Carlos Chacon and the clinic.
  • The patient alleged that the standard of care provided was subpar, leading to her experiencing severe physical and emotional distress.
  • She demanded compensation for the medical bills, loss of income, and emotional distress caused due to these complications.
  • The case highlighted the importance of patient safety and adherence to medical standards in plastic surgery clinics.
  • Divino Plastic Surgery and Dr. Chacon maintained their innocence despite the allegations. They claimed that they adhered to the highest safety and medical standards.
  • The case concluded with a settlement, the terms of which were not disclosed publicly.
  • This lawsuit served as a wake-up call for many in the industry to ensure they provide their patients the highest level of care and follow all necessary medical protocols.

A Brief Overview of the Divino Plastic Surgery Lawsuit

In the heart of this lawsuit is the tragic demise of Megan Espinoza, a patient at Divino Plastic Surgery. Her death, following what was meant to be a routine breast augmentation surgery, led to a series of legal proceedings against Dr. Carlos Chacon, the operating surgeon, and the clinic itself.

The Allegations

The lawsuit, filed by Espinoza’s family, primarily alleges negligence on the part of Dr. Chacon, asserting that his professional misconduct directly led to Espinoza’s death. The specific claims include:

  1. Failure to adequately assess Espinoza’s susceptibility to complications.
  2. Not obtaining informed consent from Espinoza.
  3. Inadequate monitoring during the surgery, leading to cardiac arrest and subsequent death.

In addition, Divino Plastic Surgery is under fire for its alleged negligence in hiring and supervising Dr. Chacon.

Broader Implications for the Cosmetic Surgery Industry

While the Divino Plastic Surgery lawsuit is a singular case, it has ignited concerns about the overall safety of cosmetic surgeries and the qualifications of surgeons performing them. The lawsuit underscores the importance of:

  1. Ensuring surgeons have the necessary qualifications and experience.
  2. Establishing rigorous protocols for patient assessment and care.
  3. Prioritizing patient safety over commercial interests.

Delving Deeper: The Legal Proceedings

Although the lawsuit is progressing, both Dr. Chacon and Divino Plastic Surgery have denied the allegations. The outcome remains uncertain, but the case serves as a stark reminder of the potential consequences of medical malpractice in cosmetic surgery.

The Trial Setting Conference

The trial court set the trial for January 28, 2022, during a case management conference on February 19, 2021. However, the trial date was later postponed.

The Motion to Amend to Seek Punitive Damages

On August 3, 2021, the Espinozas moved for leave to file a second amended complaint to incorporate factual allegations supporting existing counts and a prayer for punitive damages. They claimed that discovery had revealed new facts that justified further amendment. In response, Dr. Chacon contended that the motion was untimely and that the Espinozas did not have a substantial probability of prevailing on a claim for punitive damages.

The Writ Proceeding

Chacon challenged the trial court’s order by petitioning the court for a writ of mandate. The court issued an order to show cause, and after obtaining further pleadings from the parties and hearing arguments, the court granted the requested relief.

Key Disputes in the Divino Plastic Surgery Lawsuit

Several disputes have arisen in the course of the lawsuit:

  1. Whether section 425.13 applies to the claim for punitive damages the Espinozas seek to add to their complaint.
  2. Whether the Espinozas satisfied the procedural requirements of the statute.
  3. Whether Chacon waived compliance with those requirements.

These disputes are yet to be resolved at the time of writing.

The Current Status of Dr. Chacon and Divino Plastic Surgery

Despite the lawsuit and the severe allegations, Dr. Chacon continues to practice, albeit with some limitations imposed by the medical board. These restrictions include prohibiting Dr. Chacon from performing any surgery without a licensed anesthesiologist and restricting him from traveling out of state.

The Settlement Agreement

In a significant development, Dr. Chacon’s attorneys are reportedly close to finalizing a $1 million settlement deal with the Espinoza family in the medical malpractice lawsuit.

The Future of the Cosmetic Surgery Industry

The Divino Plastic Surgery lawsuit could have lasting implications for the cosmetic surgery industry. It emphasizes the need for:

  1. Stricter regulations and oversight of cosmetic surgery clinics.
  2. Enhanced training and certification for cosmetic surgeons.
  3. Increased awareness among potential patients about the risks involved and the importance of thorough research before undergoing any procedure.


The Divino Plastic Surgery lawsuit serves as a stark reminder of the potential dangers lurking in the world of cosmetic surgery. As the case unfolds, it serves as a call to action for the industry to prioritize patient safety and for potential patients to exercise caution. The fight against medical malpractice in cosmetic surgery is ongoing, and only with collective awareness and action can such tragedies be prevented in the future.