Surgeon fined after operating on wrong hip

Orthopedist to pay $25K; two other doctors also fined

A Connecticut orthopedist agreed to a fine of $25,000 for operating on the wrong hip, according to a consent order approved by the state Medical Examining Board Tuesday.

Dr. Derek Shia of Connecticut Orthopaedics was also given a reprimand as part of the consent order.

He was one of three doctors who were fined by the board at its monthly meeting.

According to Department of Public Health staff attorney Aden Baume, in August 2019 Shia began surgery on a patient’s left hip, detaching rotator muscles, before realizing he was supposed to be operating on the right hip.

“The error was discovered after the fracture wasn’t observed at the expected location,” Baume said. “So they checked the X-rays and determined the wrong side was being operated on. They repaired the external rotators, which were detached, and then completed the surgery on the correct side.”

Shia, who also was given a reprimand, has offices in Milford, Hamden and

Branford. No one attended the meeting to speak on his behalf.

Dr. Noah Starkey, a member of Starling Physicians of Enfield and Cromwell, was fined $5,000 after one of his patients, who had moved to Florida, died after he went to a hospital in need of urgent care.

The allegation against Starkey was that he failed to document urine toxicology screens and a diagnosis of a condition, according to health department attorney Craig Sullivan.

Starkey also was put on one year’s probation and ordered to take a course in treatment of the condition and documentation.

Attorney Eric Starkman, who represented Starkey, said, “I think in large part these issues stemmed from documentation as opposed to a clear violation of the standard of care, and we had experts in that regard. … We think that Dr. Starkey provided good care, but his documentation may have ultimately led to some gaps.”

Public member Michele Jacklin objected to the consent order because of the $5,000 fine, comparing it to the $25,000 fine for surgery on the wrong hip, which the patient survived.

“Here we have a case of

a doctor who misdiagnosed a very serious disorder,” she said. “Subsequently the patient died and we are assessing a $5,000 penalty. I don’t understand why the inconsistency, and I find the $5,000 penalty to be hugely insufficient, so I will oppose this consent order.”

Starkman said he and his client disagree that there was a misdiagnosis. The board voted 11-2 to approve the consent order.

Dr. Farhaad Riyaz, a dermatologist from Michigan who practices in 30 states, including Connecticut, paid a civil penalty of $3,000 after pleading guilty to federal charges that he bought equipment from Amazon and then returned “lesser quality … versions,” according to Sullivan.

Riyaz also was put on probation for two years and is undergoing psychotherapy.

Riyaz, who attended the meeting, said, “I’m grateful that the department sees an outcome that can allow me to resume practice and continue practicing in Connecticut, as I do in so many other states.”