Police have been searching for Morris, who has been moving from house to house in her Mercedes sedan. An officer, however, kept her homes under periodic surveillance and finally spotted the car this week. He made the arrest of Morris who appears to have been the recipient of the same enhancement measures as her patients. THe victim reportedly paid her $700 for a series of injections in May 2010. She was recommended by a friend. She says that the “doctor” assured her t”`Oh don’t worry, you’ll be fine. We just keep injecting you with the stuff and it all works itself out.'”
Morris, 30, is reportedly a transgendered woman.
We discuss these cases in class where negligence law can be used to hold faux professional liable for their malpractice. Under the common law, such individuals are held to the standard of the professional, so Morris would be tried under the standard of a reasonable plastic surgeon. I am pretty sure that such a standard would rule out flat-tire sealant as a material for enhancement. Ironically, under the common law, a person could still prevail if the jury concludes that they acted in conformity with reasonable skills and judgment. The fact that you are practicing without a license is a criminal not a civil matter. For example, in Brown v. Shyne, 242 N.Y. 176, 151 N.E. 197 (1926), the court looked at a case where a trial judge allowed a jury to hold an unlicensed chiropractor liable based on the fact that he violated the statute. The patient was paralyzed and Shyne was convicted under the criminal law. However, the court held that if a violation of statute has no direct bearing on the injury, proof of that violation is irrelevant. Rather, the defendant is reviewed under the standard of care for a licensed professional in his field.
This will not likely be a case that turns on such fine distinctions, however. Once you go into the automotive section from material for your surgeries, you are well outside any reasonable standard of care.
Source: Daily Mail and Washington Post