Kaiser Park Shadelands Physicians Racah and Moarefi found negligent

May 17, 2004 – An arbitration panel today found two Kaiser Park Shadelands physicians, Dr. Elia Racah and Dr. Gita Moarefi, negligent in the care they provided to Ms. Brijinder Kahlon of Concord, who suffered a stroke while under their care on February 18, 2002—leaving her disabled and unable to live independently.

Kahlon was awarded $250,000 in damages for pain and suffering, the maximum under state law, and she received $674,692 for economic damages for a total of $924,692.

Kahlon’s son, Rami Kahlon of Concord, said his mother was devastated by her stroke. “My mom was a healthy, independent 72 year old enjoying her golden years” he said. “Her stroke has left her disabled and unable to care for herself. Had she been given the appropriate medication, instead of being sent home on aspirin, she probably would not have suffered a stroke.”

The arbitration panel, headed by retired Contra Costa Superior Court Judge Richard L. Patsey, found that on two separate occasions the “physician failed to prescribe coumadin (a blood thinner), but gave her aspirin instead.” The Panel’s decision further concluded that prescribing Kahlon aspirin “constituted a breach of the standard of care and proximately caused (Kahlon’s) stroke.”

In early February 2002, Kahlon sought relief for her episodes of rapid heartbeat from the Kaiser Emergency Room in Walnut Creek. Her condition was diagnosed as atrial fibrillation--a dangerous irregular heart rhythm that greatly increases risk for stroke--and she was advised to seek care from her primary care physician.

As Kahlon’s regular physician, Dr. Shambhavi Iyer, was on maternity leave, Kahlon was given an appointment with Dr. Moarefi on February 6, 2002. Dr. Moarefi sent her home on aspirin only. When her symptons persisted, Kahlon made another appointment to see a physician. Dr. Racah saw Kahlon on February 12, 2002. Dr. Racah again prescribed only aspirin, and told Kahlon that she did not need coumadin. Kahlon suffered a massive stroke on February 18, 2002. Ironically, Kahlon was given coumadin after her stroke and she is expected to remain on coumadin the rest of her life.

"I was in the examination room with my mother when she was seen by Dr. Racah," said Rami Kahlon. "He assured us that aspirin alone was adequate to protect my mother from a stroke. He was wrong, and my mother suffered the consequences. I wonder if he would have treated his own mother the same way?"

Drs. Moarefi and Racah did not recommend that Kahlon see a cardiologist and Kahlon’s own request to see a cardiologist for her condition was turned down since she did not have a referral. Only after her stroke was Kahlon assigned a Kaiser cardiologist--Dr. Anly Song--who testified before the arbitration panel that Dr. Racah should have given Kahlon coumadin.

The arbitration decision has been sent to the California Medical Board for investigation and/or disciplinary action.