Professional Negligence Law Reporter
Medicine
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Failure to Monitor Medications
May/June 2019Dolores Madigan, 71, had a seizure disorder, among other conditions, and took the anticonvulsants Keppra and Dilantin daily. When she was admitted to Brookhaven Memorial Hospital Medical Center suffering from an eye infection, internist Jayeshkumar Makavana ordered swallow testing to rule out a stroke. Although Makavana discontinued Madigan’s medication, a neurologist later reinstated the anticonvulsants. The following evening, a nurse alerted Makavana that Madigan had not been receiving her medications. The nurse then administered a small, inadequate dose of medication per Makavana’s instructions.
Madigan did not receive additional doses of her anticonvulsants. Two days later, she suffered seizures resulting in respiratory distress and loss of most of her neurological function. She required nursing home care until her death several years later.
Before her death, Madigan and her husband sued Makavana and the hospital, alleging failure to appropriately monitor Madigan’s anticonvulsants. The plaintiffs alleged that Makavana should have ensured that Madigan received her medications after the neurologist reinstated them and failed to order the appropriate dosage when the nurse called him. Additionally, the plaintiffs alleged that hospital nurses failed to timely notify a physician that Madigan was not receiving her prescribed medications.
The hospital settled before trial for an undisclosed amount. The jury awarded $11.41 million, apportioning liability at 80 percent to Makavana and 20 percent to the hospital.
Citation: Madigan v. Makavana, No. 64065/14 (N.Y. Sup. Ct. Suffolk Cnty. Oct. 24, 2018).
Plaintiff counsel: AAJ member David S. Pollack, Brooklyn, N.Y.
Plaintiff experts: Ahmad Masood, internal medicine, Poughkeepsie, N.Y.; and David Bronster, neurology, New York City.
Defense expert: Rosario Romano, internal medicine, Port Jefferson Station, N.Y.