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Outpatient Surgery E-Weekly

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Home > News > September, 2009

Parents Sue Docs for Negligence in Daughter's MH Death

ASCs should be prohibited from using general anesthesia, parents argue.

Published: September 23, 2009
Categories: Legal/Regulatory, Safety, News

The parents of an 18-year-old patient who died from malignant hyperthermia during breast surgery last year are suing the doctors involved in her case for negligence and calling for a ban on general anesthesia in ambulatory surgical centers.

Although Stephanie Kuleba's MH death in March 2008 was ruled accidental by the county medical examiner, Joanna and Thomas Kuleba are accusing Boca Raton, Fla.-based plastic surgeon Steven Schuster, MD, and anesthesiologist Peter Warheit, MD, of failing to diagnose Stephanie's condition quickly enough and to administer enough of the antidote drug, dantrolene, to save her life.

"The evidence will show that they used one to two vials of dantrolene and per Stephanie's body weight, they would have needed to administer six vials, quickly," attorney David Zappitell, counsel for the Kulebas, told reporters this week. In addition, the suit accuses Dr. Schuster's office-based ASC of not keeping dantrolene available in the surgical suite and of not calling 9-1-1 soon enough.

In a press conference held 3 days after filing the suit, Ms. Kuleba's parents said they're advocating for a ban on the use of general anesthesia in ambulatory surgery centers, arguing that such facilities aren't able to respond to emergencies like the malignant hyperthermia that claimed their daughter's life. "Had the proper care been taken by medical professions involved in her surgery, she could be here today and I would not be here before you," Ms. Kuleba told reporters, stating her belief that Stephanie's death was preventable.

The Kulebas are seeking an unspecified amount in damages from Drs. Schuster and Warheit, as well as Dr. Warheit's employer, Scott Berger, MD.

Irene Tsikitas

© Copyright Herrin Publishing Partners LP 2011. REPRODUCTION OF THIS COPYRIGHTED CONTENT IS STRICTLY PROHIBITED. We encourage LINKING to this content; view our linking policy here.


Also in the News...

Was This Orthopedic Surgeon Too Slow, or Just Conscientious?

Drunken Night Out Costs Pediatric RN His Job

Doctor Loses License for Touching Anesthetized Patients' Breasts

Automatic Meal-Break Deductions

Paper Clip Dentist Sentenced to Year in Jail

Gynecologists Offering Breast Augmentation and Ophthalmologists Doing Liposuction

Tragic Error: Remove Monitoring Equipment From Patient Given High Doses of Pain Meds

© Copyright Herrin Publishing Partners LP 2011. REPRODUCTION OF THIS COPYRIGHTED CONTENT IS STRICTLY PROHIBITED. We encourage LINKING to this content; view our linking policy here.

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