Seattle, WA — In a significant legal victory, the Washington Court of Appeals upheld a jury’s verdict in favor of our client and her husband, awarding over $13 million in damages after a medical malpractice case against Kristine Brecht and Aesthetic Rejuvenation Spa (ARS). The Court of Appeals ruling affirms the original decision, reinforcing the importance of patient rights and the accountability of healthcare providers in cosmetic surgery cases.
Background of the Case
Brecht, a family medicine doctor without accreditation in plastic surgery, performed a variety of cosmetic surgeries on our client without properly screening her or advising her of the risks. The surgeries, which included a tummy tuck, breast lift, arm lift, and liposuction in multiple locations, caused severe injuries and scarring. Our client filed a lawsuit against the spa and the physician for medical negligence, lack of informed consent, breach of promise, and violations of the Washington Consumer Protection Act (CPA). A unanimous jury found for our client on every theory of liability, awarded $13 million in damages, and the trial court made further findings about the doctor’s deceptive advertising practices.
Court of Appeals Decision
The case reached the Washington Court of Appeals after Brecht appealed the jury’s and the trial court’s decisions, arguing that the trial court improperly admitted certain evidence and denied motions for a new trial. However, the Court of Appeals affirmed the trial court’s decisions, finding that the jury properly considered evidence of Brecht’s prior professional misconduct and harm to other patients.
Why the Jury’s Verdict Matters
The jury’s decision to award substantial damages underscores the serious consequences of medical negligence, even in elective cosmetic procedures. Brecht’s failure to properly screen our client for medical risks and her improper surgical techniques were key factors that led to the jury’s verdict. Additionally, the case highlights the importance of informed consent, with the jury finding that Brecht did not fully inform our client about the risks associated with the procedures.
A Brave Client, a Strong Case
Ruby Aliment, the attorney representing our client, described the case as a powerful example of bravery.
“What I saw was a client who was extremely brave to come forward. When you come forward with a claim like that, you’re saying, “I’m going to show my whole body to somebody else that I don’t even know because I know what happened to me was wrong.” I met this client and her husband, and I was so moved by what she had been through at the hands of this physician. The evidence showed that this doctor had not performed the surgeries properly and had not even treated her in the way that we expect doctors to treat their patients.”
Our client, despite facing judgment for seeking cosmetic surgery, stood firm in her belief that she deserved justice for the harm caused by Brecht’s actions. And the jury stood with her.
Legal and Medical Implications
This ruling serves as a reminder of the critical importance of our jury system in holding wrongdoers accountable. “We hope this case sends an important message to those who – like Brecht – refuse to take accountability for their actions,” says Aliment.
Takeaway
For patients considering cosmetic surgery, this case emphasizes the importance of choosing a reputable provider who is transparent about potential risks and procedures. It also highlights that when a person is injured by another’s negligence and carelessness, people have the right to seek compensation for their injuries.
At Bergman Oslund Udo Little, we are committed to ensuring that victims of negligence receive the justice and compensation they deserve.
