RICHMOND, Va. — Multiple people, including a Richmond-area doctor, tried to warn the Virginia Medical Board about a breast surgeon who is now facing lawsuits filed by dozens of women. So far, the board has declined to take disciplinary action.
Twenty-nine women have filed lawsuits against Dr. Sasa Grae Espino, the Richmond Breast Center, and in some cases, Chippenham Johnston Willis Hospital.
The majority of the complaints claim that Espino breached the standard of care by performing breast surgeries that she was not qualified to carry out.
Espino's lawyers deny all allegations of negligence.
They state her specialized fellowship, education, training, and surgical experience qualifies her to perform breast reconstruction surgeries.
CBS 6 investigative reporter Melissa Hipolit uncovered that multiple people complained to the state’s medical board about Dr. Espino, but the board declined to take any disciplinary action.
One of those individuals is Richmond-based board-certified plastic surgeon Dr. Steven Montante with Montante Plastic Surgery and Aesthetics.
Dr. Montate said not once in his 23-year career did he ever file a complaint with the Virginia Board of Medicine against another physician. That changed in 2023.
"But I felt that this provider was causing harm — practicing out of scope of her training. These patients have had legitimate complaints and concerns," Montante said.
Montante said he made that decision after seeing three patients who had previously been operated on by Espino, a board-certified general surgeon, formerly with the Richmond Breast Center.
"The patients all explained the same thing. We did not know that she was not a plastic surgeon. We were assured that she was qualified, she was trained, she was a breast surgeon," Montante said.
Montante is one of five people CBS 6 knows of who filed complaints about Espino with the Board of Medicine beginning in August 2022.
A letter from the board's deputy executive director shows it determined it would not initiate disciplinary action on his complaint.
"When you saw that, what did you think?" Hipolit asked.
"I mean, obviously I was disappointed. Was I surprised? Not necessarily, you know, now, in retrospect, I don't know with the number of folks that have come forward, which you know, I'm grateful for the coverage that you've done on this, on the topic, in retrospect, maybe with that would the board have thought otherwise? I don't know," Montante said.
We asked Robert Oshel, an expert in malpractice and medical discipline and a member of the Patient Safety Action Network, why boards sometimes do not take actions in situations like this, even when there are multiple complaints against the same doctor.
"I can't explain it, except to say they tend not to take action when a reasonable member of the public would think they ought to," Oshel said. "Boards tend to be underfunded, understaffed. They may have a very weak law that says the burden of proof is beyond a reasonable doubt, rather than clear and convincing."
A spokesperson for the Board of Medicine told CBS 6 the law is silent in Virginia on the burden of proof, and the Virginia board operates under a need for clear and convincing evidence.
Former Espino patient Audrey Andrews, who CBS 6 profiled in December, also filed a complaint and is suing the surgeon for malpractice.
In an email to a board investigator, she claimed two doctors raised questions about Espino’s care.
Her lawsuit mentioned one of those doctors stating her procedure was not consistent with the standard of care.
She received a letter last April informing her the board would not initiate disciplinary proceedings.
Espino has denied the allegations in Andrews’ lawsuit in a court filing.
The board also declined to act on complaints from two other former Espino patients.
A fifth complaint, filed by Mandy Moore, who CBS 6 profiled in November, remains open.
In a lawsuit she filed against Espino, Moore says she sought treatment for a collapsed breast implant, but said Espino ended up performing a double mastectomy that Moore claims was unnecessary.
Espino has denied the allegations in Moores' lawsuit in a court filing as well.
Espino left the Richmond Breast Center at the end of 2024. According to her resume, she is now working as an oncoplastic breast surgeon in Alabama and is licensed to practice in both states.
When CBS 6 asked the Virginia Department of Health Professions why the board has not acted, a spokesperson said it can neither confirm nor deny that a complaint or investigation exists on a specific licensee.
Espino's lawyers confirmed she is aware of the complaints, noted four have been dismissed, and said they cannot comment on the pending complaint due to its confidential nature.
"Dr. Espino's practice is focused on providing the optimal clinical outcome for each of her breast surgery patients, and she has fully cooperated with the regulatory review process," Espino's lawyers said.
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