The family of Megan Espinoza is demanding answers after learning a surgeon convicted in her death had his medical license renewed while serving time in prison.
Espinoza, a Chula Vista schoolteacher, wife and mother of two, died in 2018 after undergoing breast augmentation surgery at a clinic operated by Dr. Carlos Chacon. Prosecutors said she suffered a fatal heart attack caused by an excessive dose of anesthesia.
“I absolutely miss every single minute of every single day as the rest of our family does,” her brother, David Gorcey, said.
Chacon later pleaded guilty to involuntary manslaughter. Court documents show he was sentenced in July 2024 to three years in prison and agreed to surrender his medical license for life.
However, according to records from the Arizona Medical Board, Chacon’s license was renewed in September 2024 while he was behind bars.
“Shock and disbelief in a country like America something like this could happen,” Gorcey said.
Family attorney Christian Jagusch, who is also a physician, called the decision alarming. Jagusch previously won civil cases against Chacon, including one tied to Espinoza’s death.
“How do you characterize this situation? It is a gross miscarriage of justice. It is a danger to the consumers that these medical boards are supposed to protect,” Jagusch said.
Jagusch said that even with restrictions, a valid medical license can allow Chacon to carry out certain medical functions.
“To prescribe, order medical equipment, to order drugs,” Jagusch said.
Investigators said Chacon was initially facing a second-degree murder charge before pleading guilty to involuntary manslaughter.
Duncan Fraser, a former San Diego County Sheriff’s homicide captain who later investigated the case for the state Department of Consumer Affairs, described the case as extreme negligence.
“There is so much negligence here I believe there is a homicide,” Fraser said.
According to prosecutors, Espinoza was given too much anesthesia by an unlicensed nurse. Authorities said Chacon waited three hours before calling 911 and saw other patients while Espinoza lay dying.
“It is an outrageous case of negligence,” Fraser said.
“This was such a tragic loss of human life. Not only did she suffer, but her whole family,” Fraser said.
Gorcey said the family believed the plea agreement ensured Chacon would never practice medicine again. The license renewal has left them feeling that fight is not over.
“We have been under the impression he would not be able to practice anywhere and still very surprised and clearly saddened,” Gorcey said.
NBC 7 reached out to Chacon’s attorney and the Arizona Medical Board for comment but has not heard back. The family’s attorney said efforts are underway to contact board members and work with the San Diego County District Attorney’s Office to explore possible next steps.
This story was originally reported for broadcast by NBC San Diego. AI tools helped convert the story to a digital article, and an NBC San Diego journalist edited the article for publication.