SAN DIEGO (KGTV) — A doctor who was sentenced to three years in prison for his role in a patient’s death is now a free man and able to practice medicine in Arizona despite having a lifetime ban that prevents him from working in California.
Dr. Carlos Chacon was released from prison last month to parole supervision after spending roughly a year and a half behind bars. He was sentenced to three years in prison in 2024 for his role in the death of his patient, Megan Espinoza, after pleading guilty to involuntary manslaughter.
The mother of two died after seeing Chacon for a breast augmentation surgery in 2018 at Divino Plastic Surgery in Bonita.
Espinoza’s mother, Judy Gorcey, said she was stunned when Team 10 called her to ask for a comment about Chacon’s license being active in Arizona.
“I really appreciate Team 10 finding out this information and pursuing it and investigating it,” she said in an interview last week.
Gorcey said she had been assured that once Chacon’s license was canceled in California, other states would also revoke the license.
“I am just heartbroken that he still is a licensed doctor,” she said in an interview from Oxnard, Calif.
Chacon hired a nurse with no training in anesthesia who gave Megan a fatal dose of drugs, including fentanyl and ketamine. The nurse was also sentenced to prison and has since been released.
According to court testimony, after Megan’s heart stopped, Chacon left the 36-year-old on the operating room table for more than three hours and wouldn’t let his staff call 911.
“You left your struggling and dying patient multiple times,” said Superior Court Judge Maryann D’Addezio at Chacon’s 2024 sentencing.
Chacon, who was initially charged with murder, agreed to surrender his license as part of a plea deal that spared him from a trial. He was given a lifetime ban that prevents him from practicing medicine in California.
Last week, Team 10 got a tip that the ban didn’t apply to Arizona, where his license is valid with some restrictions that were put in place back in 2022 following Megan’s death.
The restrictions prevent Chacon from performing surgery without a licensed anesthesiologist or nurse anesthetist. Chacon is also banned from directing unlicensed staff to give anesthesia.
Chacon, 51, is the latest doctor Team 10 has found who kept a medical license in another state after losing it in California.
“The state medical boards need to do a better job in reviewing who they give licenses to, especially if they come from another state,” said patient safety advocate Marian Hollingsworth.
Hollingsworth, who monitors disciplinary action taken against doctors, said medical boards too often turn a blind eye to misconduct that’s happened outside their state.
Last year, Team 10 revealed a doctor accused of sexual misconduct had moved to Florida, where his license was listed in good standing.
Board says it can't automatically revoke license
In 2023, we reported on a physician who lost his medical license after he admitted he installed a hidden camera in a hospital restroom. The doctor was working in Florida, had a medical license in good standing and later lost his job as a result of our reporting.
Arizona Medical Board executive director Raquel Rivera responded to the criticism from Gorcey and Hollingsworth.
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“Arizona law does not provide for the automatic revocation of a physician’s license based solely on disciplinary action, surrender, or revocation in another state. The Board is required to independently review and investigate such actions and determine (an) appropriate outcome based on Arizona statutes and regulatory standards. This process is designed to ensure due process while also protecting the public,” she said in an email.
Rivera told Team 10 Chacon’s case is pending the outcome of a formal hearing that has not yet been scheduled.
'Slap of the face'
“We understand and take seriously the concerns expressed by patients and their families. Protecting the public is the board’s highest priority, and all complaints and relevant information are thoroughly evaluated to determine what regulatory action is warranted.”
Gorcey said she’s angry Chacon did not spend three years behind bars despite assurances from prosecutors he would have to serve 80% of his sentence in custody.
“It was just another slap of the face and another heartbreak.”
The California Department of Corrections and Rehabilitation defended Chacon’s release from custody.
“Chacon was not released early. Incarcerated individuals may earn credit toward their sentence as allowed by law,” said department spokeswoman Emily Humpal.
Chacon did not return requests for comment, but at his sentencing, he apologized to Megan's family.
"I can't undo what happened, and it haunts me daily. She trusted me with her care, and I failed her. Not a day goes by, they don't think about the family who has to live with her absence. I cannot imagine the pain and anguish they experience," he said.
