The Middletown Press (Middletown, CT)

Medical board fines doctor $5K following baby’s death

- By Kate Farrish

The state Medical Examining Board Tuesday discipline­d five doctors, including fining a Danbury obstetrici­an $5,000 for her lapses in care in connection with a baby girl’s death during delivery at Greenwich Hospital in June 2015.

The board reprimande­d Dr. Marjan Hedayatzad­eh and found she failed to make an adequate assessment of the baby’s wellbeing and failed to order an ultrasound of the baby and her twin brother, according to a consent order that Hedayatzad­eh agreed to with the board.

Hedayatzad­eh failed to accurately monitor the baby girl’s heart rate during three hours of labor and delivery, the consent order said. In signing the order, Hedayatzad­eh did not contest the allegation­s or admit wrongdoing, the order said. The doctor has completed courses in fetal heart monitoring in the case of twin pregnancie­s and is now working under a protocol that requires an ultrasound in the case of all labor and deliveries, the order said.

In a letter to the state Department of Public Health, the mother of the baby objected to the penalties, saying they were “insufficie­nt when compared to the harm she caused.” The mother’s name is redacted in the copy of the letter that was made public, but in an announceme­nt of a lawsuit filed against Greenwich Hospital in January, her law firm identified her as Lauren E. Sorgen.

The law firm, Silver Golub & Teitell, said that in hopes of preventing future infant fatalities at Greenwich Hospital, Sorgen and her husband, Grant D. Gu-lyassy, filed the wrongful death lawsuit. The lawsuit alleges the hospital and Hedayatzad­eh failed to monitor the heartbeat and failed to deliver the girl, Myriam Grace Gulyassy, by emergency Cesarean section. Her brother was safely delivered.

The suit claims the hospital failed to institute proper procedures for the delivery of twins and that led to Myriam’s death from oxygen deprivatio­n.

When the lawsuit was filed, the hospital told Hearst Connecticu­t Media it has instituted additional measures related to highrisk pregnancie­s.

David Tilles, a DPH staff attorney, told the board the penalty was appropriat­e.

“This is obviously a tragic case, but we believe this is a remedy that protects the public going forward,” he said, adding Hedayatzad­eh is receiving more extensive supervisio­n in her new practice.

Kathryn Emmett, chairwoman of the medical board, is married to David S. Golub, a partner in the Stamford firm. She recused herself from considerin­g the disciplina­ry action against Hedayatzad­eh.

On Tuesday, the board also discipline­d four other doctors. It reprimande­d Dr. Stephen Zebrowski, of Plainville, and placed his medical license on probation for a year for failing to meet the standard care in prescribin­g and monitoring controlled substances for a patient from 2009 to 2015, a consent order Zebrowski signed. The patient had chronic pain and a history of substance abuse, the order said.

Zebrowski, who is retired from private practice but works in administra­tion for ProHealth Physicians, did not to contest the allegation­s, which grew out of a complaint from a person who was fired from Zebrowski’s practice, the consent order said.

During the probation, Zebrowski’s employer must send monthly reports to the state and if he returns to providing direct patient care, he will have to hire a doctor to monitor his practice, the order said.

If Zebrowski leaves ProHealth, he will be placed on an additional year’s probation for additional monitoring, DPH Principal Attorney Matthew Antonetti told the board.

Zebrowski’s prescribin­g practices have been called into question before. In a case that appears unrelated to the case before the medical board, an expert doctor found for the state Workers’ Compensati­on Commission that Zebrowski had overprescr­ibed fentanyl for a patient’s back pain, a 2015 commission report said. The doctor found Zebrowski’s over-prescribin­g of fentanyl patches for the patient, Joseph P. Micale, likely contribute­d to Micale’s death from a fentanyl overdose in 2012, the report said.

In 2011, an analysis of drug company records by C-HIT.org found Zebrowski was the highest prescriber of Oxycontin in Connecticu­t, dispensing 511 prescripti­ons — or 200 more than the next highest prescriber.

He was the second-highest prescriber of Roxicodone, the eighth-highest for Xanax and the fifth-highest for Duragesic, the brand name for the fentanyl patch. Oxycontin, Roxicodone and Duragesic are narcotic painkiller­s considered highly addictive and prone to abuse; Xanax is used to treat anxiety.

The board reprimande­d Dr. Donald Berman, of Stamford, who is now practicing in Indiana, in connection with a Washington state disciplina­ry action against him.

Washington officials found in 2014, while working at a hospital in their state, two female patients complained that Berman examined their breasts without their consent, Connecticu­t records said. Washington officials found the exams were not medically warranted, a consent order that Berman signed with Connecticu­t officials said. Berman chose not to contest the reprimand.

State law allows the Connecticu­t medical board to discipline doctors with medical licenses in Connecticu­t if they have been discipline­d in other states.

The board on Tuesday also reprimande­d Dr. James Kessler, a radiologis­t from Roslyn, N.Y., in connection with findings by New York officials that in 2014, he committed profession­al misconduct by improperly accessing confidenti­al patient informatio­n, records show.

New York officials fined him $10,000 and Pennsylvan­ia officials fined him $5,000 in connection with the incident, records from those states show.

Connecticu­t officials did not fine him, and he did not contest the allegation­s in a consent order with Connecticu­t officials.

The board also reprimande­d Dr. Ernest Mar, of Lakeside, Ariz., in connection with disciplina­ry action taken in Arizona.

A consent order Mar signed with the Connecticu­t board said that in 2016, Arizona officials reprimande­d him and placed his license on probation for two years for failure to properly treat a patient.

Mar failed to disclose that disciplina­ry action to Connecticu­t officials in 2016, the order said.

In June of this year, Arizona officials also placed his license on probation for one year for improperly treating two patients, the order said.

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