Anesthesiologist fined for misconduct in 2020 death of P.E.I. patient

An anesthesiologist who was found guilty of professional misconduct in the death of a patienthas been fined and reprimanded by P.E.I.'s College of Physicians and Surgeons.

Dr. Sheshagiri Bengeri was ordered to pay a $5,000 fine and reimburse the college for $80,000 in hearing costs, according to an Aug. 11 penalty order.

Bengeri had just started working as a locum or temporary replacement for another doctorat Summerside's Prince County Hospital in September 2020 when 62-year-old Richard Kelly died after an operation.

For Norma Costain, Kelly's common-law partner of nearly 13 years, Bengeri's punishment is not harsh enough.

"Well, I was shocked. I was not happy with the penalty," Costain told CBC News on Wednesday.

"He was found guilty of professional misconduct causing death after hearing testimony from several doctors and nurses. I don't know what would have been enough of a penalty, but I don't think what he got was enough."

Kelly was a patient at Prince County Hospital in 2020, and underwent several procedures related to a hernia. After the last one on Sept. 30 of that year, he died.

Bengeri was the anesthesiologist at the finaloperation, conducted to repair a leak in Kelly's small intestine.

Kelly's surgeon, Dr. Lygia Perron, told the hearing panel that Kelly aspirated a significant amount of bile in the operating room, meaning it went into his lungs. The surgeon didn't know about the issue until after the procedure, when Kelly's condition started to decline, leading to his eventual death a few hours later.

Bengeri acknowledged during the hearing that he did not tell the surgical team about the presence of bile in Kelly's mouth before he administered the anesthesia.

The panel found Bengeri's failure to suction Kelly's airway"indicated, on the balance of probabilities, a repeated and ongoing deviation from the standard of care during anesthesia administration, constituting marked and repeated instances of neglect."

Bengeri was found guilty on one of two allegations of professional misconduct, but not guilty in connection with an allegation that he demonstrated a lack of skill, knowledge or judgment.

Health P.E.I. told CBC News that Bengeri has not worked in the province since thatlocum assignment in 2020.

I really don't think that this penalty is enough for causing Richard's death.Norma Costain

In addition to the fine and hearing costs, the panel formally reprimanded Bengeri for "failing to maintain acceptable professional standards and procedures," and ordered him to undergo education programs on pre-surgical assessment and aspiration.

He has 30 days to pay the $5,000 fine and must make eight monthly payments of $10,000 to cover the hearing costs.

Civil suit filed

Costain feels Kelly would still be alive today had things not gone wrong during that operation.

She has launched a civil case against Bengeri, Prince County Hospital, some hospital staff, and Health P.E.I.

While she's happy that the college's investigation and hearing are over, Costain thinks penalties for physician misconduct that results in a patient's death should be stiffer.

"I really don't think that this penalty is enough for causing Richard's death."