Former cosmetic surgeon sued by patient for puncturing her lungs during procedure
A Tulare County woman has filed a medical malpractice lawsuit against a cosmetic surgeon for puncturing her lungs during a breast augmentation surgery.
Tracy Thomas has accused former Dr. Robert Yoho of negligence, gross negligence and willful misconduct. She said the failed procedure led to physical injury, mutilation and permanent lung/breathing problems. She is suing for damages.
According to the lawsuit, Yoho was performing a breast augmentation on Thomas on Aug. 31, 2019. But soon after he began, something went wrong.
Yoho was attempting to apply a local anesthesia to Thomas using a spinal needle. But he mistakenly punctured both of her lungs.
Yoho declined to comment directly about the lawsuit, but did say the problem of puncturing lungs is not uncommon. Medical research journals bear that out, showing that pneumothorax, or collapsed lung, is a known complication in breast augmentation procedures.
The plaintiff’s attorney, Monrae English, said puncturing one lung may happen.
“But he punctured both lungs,” she said. “That is not common.”
Also out of the norm was what happened next, the lawsuit states.
“Instead of calling 911, Defendants called Plaintiff’s boyfriend and advised him to take Plaintiff to the hospital because she appeared to be having a breathing issue,” the lawsuit states.
Thomas’ boyfriend took her to Kaweah Delta Medical Center in Visalia where she was diagnosed with two punctured lungs, acute encephalopathy, post surgical complications, respiratory acidosis and amphetamine intoxication, the lawsuit says. Yoho gave Thomas a small cup of unknown pills prior to her procedure to deal with the pain.
Thomas was in critical condition when she arrived at Kaweah Delta and was bleeding from her umbilical cord area. English said that at first the medical staff was suspicious about how she got injured.
“They thought her boyfriend had stabbed her,” English said. “It wasn’t until Yoho showed up later did the hospital understand what happened to her.“
Doctors inserted bilateral chest tubes to help her breathe and she remained in the hospital for eight days, the lawsuit states.
English said she suspects that Yoho didn’t call 911 when Thomas had trouble breathing because he wasn’t supposed to be performing surgery. He was on probation for five years after being charged with gross negligence by the California Medical Board on Nov. 2, 2017. Also, his office, located in a commercial building at 300 E. Mineral King, Suite 105 in Visalia, was not an accredited surgical center.
As part of his probation, Yoho was required to have a certified registered nurse anesthetist or anesthesiologist present for medical procedures on all moderately sedated patients, according to the lawsuit.
“On August 31, 2019, Dr. Yoho deliberately disobeyed this condition and instead, performed the breast augmentation procedure alone. In addition, to circumvent the requirement for general anesthesia (and the need for an Anesthesiologist or Nurse Anesthetist), Dr. Yoho administered unknown pain pills to Plaintiff,” the lawsuit states.
Yoho surrendered his medical certificate to the state on Dec. 1, 2020. His website says he is retired.
This story was originally published January 19, 2021 at 5:00 AM.
