Florida 2022 Regular Session

Florida House Bill H6523 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of Rafael Rodriguez by the 2
14	14	Hendry County Hospital Authority; providing for an 3
15	15	appropriation to compensate Rafael Rodriguez for 4
16	16	injuries sustained as a result of the negligence of 5
17	17	employees of the Hendry County Hospital Authority; 6
18	18	providing a limitation on compensation and the payment 7
19	19	of attorney fees; providing an effective date. 8
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21	21	WHEREAS, on September 30, 2007, Rafael Rodrig uez was 10
22	22	admitted to the emergency room at Hendry Regional Medical Center 11
23	23	(HRMC), a hospital owned and operated by the Hendry County 12
24	24	Hospital Authority, and was diagnosed with perforated 13
25	25	diverticulitis, and 14
26	26	WHEREAS, general surgeon Dr. Ramon Leonard Carrol l, Jr., an 15
27	27	HRMC employee, ordered treatment with intravenous (IV) 16
28	28	antibiotics in lieu of a colostomy, and hospitalist Dr. Hans 17
29	29	Louis Charles, an HRMC employee, acceded to Dr. Carroll's 18
30	30	nonsurgical care plan, and 19
31	31	WHEREAS, a computerized tomography (CT) sca n of Mr. 20
32	32	Rodriguez's pelvis and abdomen showed evidence of a perforated 21
33	33	sigmoid diverticulum, and Dr. Carroll concluded that Mr. 22
34	34	Rodriguez's symptoms and radiological findings showed free 23
35	35	intraperitoneal air around the colon, evidencing a perforated 24
36	36	diverticulum, and 25 
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	WHEREAS, after 2 days of antibiotic treatment, Dr. Charles 26
48	48	sought a surgical consult with Dr. Carroll, advising him that 27
49	49	the IV antibiotics were not working to treat the perforated 28
50	50	diverticulum, and the doctors made the joint negligent decisio n 29
51	51	to treat Mr. Rodriguez expectantly with nonsurgical care, and 30
52	52	WHEREAS, a second CT scan of Mr. Rodriguez's abdomen and 31
53	53	pelvis revealed a 100 percent perforation with fistula formation 32
54	54	and no resolution of the infection, and Dr. Charles and Dr. 33
55	55	Carroll agreed to continue to treat Mr. Rodriguez nonsurgically, 34
56	56	even though Dr. Charles recommended immediate surgical 35
57	57	intervention in his progress notes, and 36
58	58	WHEREAS, Dr. Charles transferred Mr. Rodriguez's care to 37
59	59	hospitalist Dr. Prashant Barakoti, an HRMC empl oyee, while 38
60	60	noting in his progress reports that a CT scan was done on 39
61	61	October 7, 2007, which showed a pelvic abscess 4.6 by 5.8 40
62	62	centimeters with a prominent air fluid level in the pelvis, and 41
63	63	WHEREAS, despite Mr. Rodriguez having a continuing 42
64	64	infection that required ongoing medical treatment, Dr. Carroll 43
65	65	discharged Mr. Rodriguez from HRMC to his home without operating 44
66	66	on or draining the pelvic abscess, and after only 3 days, Mr. 45
67	67	Rodriguez was readmitted to the emergency room at HRMC with 46
68	68	complaints of severe middle back pain, abdominal pain, and a 47
69	69	fever, and 48
70	70	WHEREAS, Dr. Barakoti transferred care back to Dr. Charles, 49
71	71	who continued medical management and still did not recommend 50 
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73	73	HB 6523 2022
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	surgical intervention, and 51
83	83	WHEREAS, Dr. Carroll performed a surgical consult, n oting 52
84	84	Mr. Rodriguez's complaints of lower back pain and fever, and 53
85	85	determined that Mr. Rodriguez had a ruptured diverticulum with 54
86	86	small abscess formation in the pelvis, and 55
87	87	WHEREAS, Dr. Carroll decided to go along with Dr. 56
88	88	Barakoti's plan of care to merel y monitor Mr. Rodriguez, failing 57
89	89	to recommend draining the abscess and surgically repairing the 58
90	90	ruptured diverticulum, and 59
91	91	WHEREAS, Mr. Rodriguez's blood cultures obtained while in 60
92	92	the emergency room were found to be positive for Klebsiella 61
93	93	pneumoniae, but Dr. Charles failed to recommend draining the 62
94	94	abscess and surgically repairing the ruptured diverticulum or to 63
95	95	transfer Mr. Rodriguez to another hospital for drainage and 64
96	96	surgical intervention, even with the overwhelming evidence that 65
97	97	surgical interventio n was necessary, and 66
98	98	WHEREAS, Dr. Charles ordered Mr. Rodriguez to be started on 67
99	99	IV Rocephin, a broad -spectrum antibiotic, and Dilaudid every 4 68
100	100	to 6 hours for severe back pain and ordered additional blood 69
101	101	cultures, which came back positive for K. pneumoniae, and, at 70
102	102	the time, Mr. Rodriguez's white blood cell count was elevated at 71
103	103	16,400 with increased polys, and 72
104	104	WHEREAS, on October 20, 2007, Mr. Rodriguez started to 73
105	105	complain of bilateral inner thigh pain, difficulty walking, and 74
106	106	incontinence, and showed s igns of a worsening neurological 75 
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117	condition, and 76
118	118	WHEREAS, a magnetic resonance imaging (MRI) machine, which 77
119	119	would have revealed the presence of the early stages of an 78
120	120	epidural abscess, was unavailable, but Dr. Charles continued to 79
121	121	treat Mr. Rodriguez medic ally rather than transfer him to 80
122	122	another hospital with an available MRI and surgical staff who 81
123	123	could have surgically intervened, and 82
124	124	WHEREAS, Dr. Charles failed to perform any motor or sensory 83
125	125	testing and, despite suspecting spinal stenosis, failed to 84
126	126	recommend an immediate surgical intervention or transfer Mr. 85
127	127	Rodriguez to a medical center with an orthopedic spine surgeon 86
128	128	or neurosurgeon, and 87
129	129	WHEREAS, Mr. Rodriguez developed neck and lower back pain 88
130	130	despite receiving narcotic pain medications and was suffering 89
131	131	from loose and bloody bowel movements, and Dr. Charles advised 90
132	132	Mr. Rodriguez that he would need to be transferred to another 91
133	133	facility but failed to arrange the transfer, and instead 92
134	134	dictated a discharge summary, planning to send Mr. Rodriguez 93
135	135	home with white blood cells at 19,000, a temperature of 100.6 94
136	136	degrees, and an inability to stand or walk, and 95
137	137	WHEREAS, hospitalist Dr. Lopez -Cespedes, another HRMC 96
138	138	employee, was present when Mr. Rodriguez felt no sensation from 97
139	139	the umbilical area down, was u nable to move his lower 98
140	140	extremities, and had weak upper arm movements, and Dr. Lopez -99
141	141	Cespedes noted that Mr. Rodriguez had decreased muscle strength 100 
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150	150	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152	152	and sensory perception and noted a positive blood culture and 101
153	153	yeast in the blood, but did not immediately a rrange for Mr. 102
154	154	Rodriguez to be transferred to another facility, and 103
155	155	WHEREAS, on October 23, 2007, Mr. Rodriguez began 104
156	156	complaining of a tingling sensation in both hands, and Dr. 105
157	157	Lopez-Cespedes noted that Mr. Rodriguez was unable to move his 106
158	158	legs and continued to have significant decreased sensation to 107
159	159	the level T10-T11, and 108
160	160	WHEREAS, an MRI of Mr. Rodriguez's lumbar spine was finally 109
161	161	performed, showing an epidural collection anteriorly to the 110
162	162	thecal sac in the thoracic spine and lumbar spine, and Mr. 111
163	163	Rodriguez was finally transferred and admitted to Jupiter 112
164	164	Medical Center under the care of orthopedic surgeon Dr. Katzman, 113
165	165	who diagnosed Mr. Rodriguez with an epidural abscess and an 114
166	166	unoperated perforated sigmoid colon, and 115
167	167	WHEREAS, Mr. Rodriguez underwent a de compressive 116
168	168	laminectomy at C1-C6 with the evacuation of an epidural abscess, 117
169	169	an exploratory laparoscopic drainage of multiple abscesses, 118
170	170	sigmoid resection and colostomy, and small bowel resection, and 119
171	171	WHEREAS, today, Mr. Rodriguez is a quadriplegic due to the 120
172	172	failure of and delay in emergent treatment by HRMC employees, 121
173	173	and he does not have an attendant care assistant for his daily 122
174	174	activities, instead relying on a friend with an intellectual 123
175	175	disability who lives in his trailer with him and who has no 124
176	176	medical training, and 125 
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185	185	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187	187	WHEREAS, a tort claim was filed on behalf of Mr. Rodriguez 126
188	188	in the Circuit Court for the 20th Judicial Circuit in and for 127
189	189	Hendry County, and the Hendry County Hospital Authority agreed 128
190	190	to amicably settle this matter with the entry of a con sent 129
191	191	judgment in the amount of $7.6 million, and 130
192	192	WHEREAS, the Hendry County Hospital Authority has paid the 131
193	193	statutory limit of $100,000 to Mr. Rodriguez, pursuant to s. 132
194	194	768.28, Florida Statutes, and the authority has agreed to fully 133
195	195	cooperate and promote the passage of this claim bill in the 134
196	196	amount of $7.5 million, NOW, THEREFORE, 135
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198	198	Be It Enacted by the Legislature of the State of Florida: 137
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200	200	Section 1. The facts stated in the preamble to this act 139
201	201	are found and declared to be true. 140
202	202	Section 2. The Hendry County Hospital Authority is 141
203	203	authorized and directed to appropriate from funds of the 142
204	204	authority not otherwise encumbered and to draw a warrant in the 143
205	205	amount of $7.5 million payable to Rafael Rodriguez as 144
206	206	compensation for injuries and damages sustained as a result of 145
207	207	the negligence of employees of the Hendry County Hospital 146
208	208	Authority. 147
209	209	Section 3. The amount paid by the Hendry County Hospital 148
210	210	Authority pursuant to s. 768.28, Florida Statutes, and the 149
211	211	amount awarded under this act are intended to provi de the sole 150 
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220	220	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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222	222	compensation for all present and future claims arising out of 151
223	223	the factual situation described in this act which resulted in 152
224	224	injuries and damages to Rafael Rodriguez. The total amount paid 153
225	225	for attorney fees relating to this claim may not exceed 25 154
226	226	percent of the amount awarded under this act. 155
227	227	Section 4. This act shall take effect upon becoming a law. 156