Lisa Zenzen Baker, 1961-2003


Friday, April 13, 2012

Med error claimed

Medication overdose caused
hospital death, lawsuit says

By David Baker
Posted Friday April 13, 2012

An excessive amount of a medication used to treat a heart condition allegedly caused the death of a patient in Samaritan Hospital, according to a lawsuit filed in state Supreme Court, Rensselaer County at the end of last month.

Thomas P. Jubic died in March, 2010, 17 days after he was admitted to the hospital complaining of stomach pain and nine days after he was given overdoses of digoxin, according to legal papers.

Named as defendants in the lawsuit are Robert Benton, M.D.; Ruslan Feygin, who is described as a doctor of osteopathic medicine; Maryellen King, a nurse practitioner; Capital Cardiology Associates, P.C.; Samaritan Hospital; and Northeast Health, Inc.

“Defendants Benton, Feygin and/or King negligently started decedent on an excessive dosage of digoxin, causing bradycardia [a slow heart rate] and death,” the suit says.

“Defendants Northeast Health, Capital Cardiology PC and/or Samaritan Hospital of Troy are vicariously liable for the negligent, careless, substandard and improper care and treatment provider to the decedent, including the prescribing, administering and approving of the excessive dosage of digoxin upon the decedent.”

Jubic, a resident of Troy, served in the U.S. Army during World War II and was awarded the Purple Heart, according to an obituary. After military service he was employed as a welder at Portac and was a part-owner of the Snuggery Inn in Troy. He was 85.

The suit was filed by attorney Brian W. Devane of Delmar. Answering papers had not been entered into the county clerk’s computer system on Thursday.

NEXT: A Supreme Court judge has rejected a request to separate a lawsuit alleging negligent credentialing against Samaritan Hospital from a medical malpractice claim against a former doctor now under pre-bankruptcy protection.