Florida Plastic Surgeon Charged With Manslaughter In Wife’s Death
In a case from the Florida Panhandle, plastic surgeon Benjamin Brown faces manslaughter charges following the death of his wife, Hillary Brown. Authorities allege she suffered cardiac arrest during after-hours procedures performed by Brown at his clinic, resulting in her death days later.
In November, Hillary Brown went into cardiac arrest while her husband, Dr. Benjamin Brown, conducted multiple cosmetic procedures on her at his clinic in Pensacola. She was preparing her own local anesthesia and intravenous bags without supervision, a critical lapse in medical protocol. During the procedures, she consumed several undocumented pills, including a sedative and a painkiller. As her condition worsened, experiencing muscle twitches and blurred vision—signs of lidocaine toxicity—Dr. Brown continued to administer more lidocaine rather than seeking immediate emergency assistance.
A medical assistant repeatedly suggested calling 911, but Dr. Brown initially refused, leading to a delay in critical care. Eventually, the assistant made the decision to call for emergency help. Hillary Brown was treated for lidocaine toxicity at the hospital but tragically passed away a week later.
As reported by the South Florida Sun-Sentinel, following these events, Benjamin Brown was charged with manslaughter by culpable negligence, a second-degree felony. Released on a $50,000 bond, Dr. Brown intends to plead not guilty and fight the allegations.
Florida Manslaughter by Culpable Negligence
Under Florida law, manslaughter by culpable negligence occurs when a person causes the death of another through a reckless disregard for human life or the safety of persons. The key elements include:
- Culpable Negligence: The defendant must have engaged in conduct showing a gross and reckless disregard for the safety and lives of others.
- Causation: The negligent conduct must directly cause the death of another person.
In the case of Benjamin Brown, the prosecution will need to demonstrate that his actions during the medical procedures on his wife were grossly negligent and directly led to her death.
Gross negligence is a legal concept that refers to a severe degree of negligence demonstrating a blatant disregard for the safety or lives of others. It goes beyond ordinary negligence, which is a failure to exercise reasonable care.
Gross negligence involves actions or omissions that are so reckless or careless that they show a substantial lack of concern for whether an injury or death will result. The elements of gross negligence include extreme recklessness, where the individual’s actions show complete indifference to the consequences, putting others at significant risk; lack of concern, indicating a total disregard for the safety and well-being of others; and foreseeability, where the risk of harm is obvious and foreseeable, yet the individual still engages in reckless conduct.
Possible Defense Strategies
- Lack of Negligence: The defense may argue that Dr. Brown’s actions did not rise to the level of culpable negligence. They might present evidence that he followed standard medical procedures and that the unfortunate outcome was not due to recklessness but rather unforeseen complications.
- Intervening Cause: The defense could assert that an intervening cause, such as an unknown medical condition or the actions of another person, contributed to or solely caused Hillary Brown’s death.
- Good Faith Effort: Demonstrating that Dr. Brown made a good faith effort to save his wife’s life, even if his methods were ultimately unsuccessful, could be used to argue against a finding of gross negligence.
- Procedural Violations: Challenging the admissibility of certain evidence based on procedural violations during the investigation could weaken the prosecution’s case.
Contact The Baez Law Firm
If you are facing legal issues related to medical practice or have concerns about professional conduct, it is vital to seek experienced legal counsel. The Baez Law Firm specializes in defending professionals in complex legal matters, ensuring that your rights and interests are protected.
Contact The Baez Law Firm today for a consultation. Our criminal defense team is dedicated to providing the highest level of legal representation and guiding you through the intricacies of your case. Your future and professional reputation deserve the best defense, and we are here to help.
Source:
sun-sentinel.com/2024/06/18/florida-plastic-surgeon-charged-in-death-of-wife-who-went-into-cardiac-arrest-while-he-worked-on-her/