We have been following a line of cases involving faux doctors performing cheap cosmetic surgery by using such medical material as “Fix-A-Flat” gel. The latest such case comes from New Jersey where Justin Street, 22, died after Kasia Rivera, 34, allegedly injected his penis with silicone in an enlargement procedure. Street died the day after the treatment in Rivera’s home.
Street died from a silicone embolism as a result of the injection and his death has been classified as a homicide.
Rivera has been charged with manslaughter and the unauthorised practice of medicine
Rivera is likely “judgment proof” but she can be sued in a wrongful death action by the Street family.
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.
I dd not think that there could be anyone quite as dim as those women agreeing to have strangers inject silicone into their buttocks for enhancement. I stand corrected. This is obviously becoming a serious problem due to a lack of rational thought by victims who think that cosmetic surgeries entail largely overhead costs and paying for ambience — as opposed to buying stuff in the automotive section of your local hardware store.
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