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DA’s office charges MD who performed fatal liposuction

March 28, 2013 From Kings County District Attorney's Office
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Kings County District Attorney Charles J. Hynes on Thursday announced the indictment of Dr. Oleg Davie, 51, for recklessly performing liposuction on a patient whom he knew previously had heart transplant surgery.  The liposuction procedure resulted in her death.

He is charged with Manslaughter in the Second Degree, Criminally Negligent Homicide, Criminal Possession of a Forged Instrument in the Second Degree, Criminal Possession of a Forged Instrument in the Third Degree, two counts of Falsifying Business Records in the First Degree and several other charges.  If convicted, he faces a maximum of 13 1/3 to 34 years in prison.

According to the indictment, Isel Pineda had received heart transplant surgery on Feb. 20, 2004 at New York Presbyterian Hospital.  As a result of that surgery, she had a distinctive eight-inch scar in the center of her chest.  

In April 2012, Pineda, 51, came to Dr. Davie’s office on Park Avenue in Manhattan for a consultation and filled out forms indicating her medical history, according to the indictment.  On May 10, 2012, Dr. Davie performed the liposuction procedure on Pineda at his office at 133A West End Ave. in Manhattan Beach, Brooklyn.

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The indictment charges that Dr. Davie knew that Pineda was a former heart transplant patient, yet still performed the operation.  The District Attorney’s Office’s investigation determined that Dr. Davie was reckless and negligent to perform elective surgery on heart transplant patients.  

In addition, the anti-rejection drugs that Ms. Pineda was taking suppressed her immune system, putting her at risk for infection, according to the DA’s Office.  

After the procedure, Pineda went into cardiac arrest and collapsed in Dr. Davie’s office.  Paramedics tried to revive her as she was rushed to Coney Island Hospital, where she died.

District Attorney Hynes said, “Any medical professional would clearly know if a patient has previously had heart transplant surgery because of the obvious scar on the chest.  And doctors are well aware of the fact that they are discouraged from performing liposuction and similar procedures on patients with heart disease.  

“To further hide his illegal activity, Dr. Davie falsified forms, concealing his knowledge of Ms. Pineda’s medical history.  It is shameful that a medical professional would disregard his patient’s safety, putting her in serious danger.  He will be held accountable for his actions.”

On Oct. 29, 2012, Dr. Davie’s practice was suspended, and on Dec. 7, 2012, he surrendered his license to practice medicine.


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