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PENNSYLVANIA RECORD

Sunday, April 28, 2024

Lackawanna County physicians charged with wrongful death, after changing disabled woman's medicine regimen

State Court
Neilfmacdonald

MacDonald | Durkin MacDonald

SCRANTON – A wrongful death and survival lawsuit claims that a number of medical entities based in Lackawanna County are to blame for the death of a woman who was prescribed lithium, against the pattern of treatment established by her prior physician.

Damian Hunter (as personal representative and administrator of the Estate of Dawn Race) of Carbondale filed suit in the Lackawanna County Court of Common Pleas on March 3 versus Dr. Sangeeta Prabhakar Bhat, Dr. Jignesh Sheth and The Wright Center for Graduate Medical Education of Scranton, plus The Wright Center for Community Health and The Wright Center Medical Group, of Jermyn.

“Dawn Race was a 49 year-old woman in March 2019 and was suffering from multiple medical ailments, including but not limited to, gastrointestinal issues, back pain, chronic headaches, depression and anxiety for several years,” the suit states.

“Over the course of the previous several years, she was being treated by several health care providers with her family doctor, Dr. Michael Haley, primarily overseeing her care. In 2010, Race was declared to be permanently disabled by the Social Security Administration.”

In 2018, the Social Security Administration notified Race that they were reviewing their decision of disability and they required additional medical records to re-verify her disability, including those of her family physician, Haley.

However, it was learned when Race requested the records from Haley, that he failed to keep them and was unable to provide them to Race. After a subsequent dispute, Haley terminated Race as his patient. At that time, Race was prescribed a dozen different medications.

Over the following six weeks, Race sought medical care from the defendants, who significantly changed the medications from the ones that she was utilizing under Haley.

On Feb. 18, 2019, Race saw her new primary care physician, defendant Bhat, who was supervised by defendant Sheth. After Race revealed she suffered from suicidal ideation, Bhat stopped her anti-depressant medication and prescribed her lithium instead.

According to the lawsuit, such a prescription was negligent, given Race’s treatment history, medical and emotional condition, and the standard of care for treatment of generalized anxiety.

In subsequent weeks, the suit says Race suffered from increasing physical and mental deterioration, before ultimately committing suicide on March 15, 2019.

“The stoppage of prior medication also violated the standard of care. Race suffered a number of adverse effects due to this abrupt and non-standard change in medications. These adverse effects, including increased anxiety and depression, nausea, vomiting and increased tremor, may have been related to medication withdrawal, as well as adverse effects of Lithium,” per the suit.

“Upon information and belief, the defendants negligently and carelessly provided the plaintiff with the wrong medicines, and/or failed to properly monitor the deceased’s medicine use. As a result of the improper medical treatment, excessive prescription medication and the failure to properly monitor Race’s condition on a timely basis, the deceased suffered severe and irreparable damages, conscious pain and suffering and death.”

Per the suit, the defendants had a duty to provide care and treatment to Race consistent with the acceptable standard of care then and there existing under the same or similar circumstances. Further, the defendants breached these standards and as a result of these breaches of the standard of care, Race was seriously injured and ultimately died.

For counts of medical negligence, wrongful death, survival action, agency, corporate negligence, ostensible agency and respondeat superior liability, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, plus interest, costs and other such relief according to law.

The plaintiff is represented by Gerard J. Martillotti of Jerry Martillotti & Associates in Philadelphia, plus Neil F. MacDonald of Durkin MacDonald, in Dunmore.

The defendants have not yet secured legal counsel.

Lackawanna County Court of Common Pleas case 2021-CV-01013

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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