Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 46
Barcode 955920
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/06/2009 .
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The Committee on Health Regulation (Bennett) recommended the
following:
1 Senate Amendment
2
3 In title, delete lines 17 - 81
4 and insert:
5 WHEREAS, on April 16, 2003, while in the trauma intensive
6 care unit at Memorial Regional Hospital, Mr. Otero was taken
7 during the night shift to the MRI laboratory for a scan to rule
8 out a nonemergency shoulder injury. Mr. Otero was accompanied by
9 a nurse and a respiratory therapist to the MRI laboratory, but
10 was removed from his ventilator at the time he was transported
11 to the MRI during the night shift when the hospital operates
12 using significantly fewer staff. He was alert and oriented. Mr.
13 Otero became panicky during the scan and was given several doses
14 of a narcotic sedative, Versed, in addition to the narcotic
15 medication he was already receiving intravenously. Because of
16 his panicked thrashing, an order for a paralytic drug was also
17 given. Lawton Tang, M.D., a surgical resident employed by Mt.
18 Sinai Medical Center and working under the supervision of
19 attending physicians of the South Broward Hospital District on a
20 rotation through Memorial Regional Hospital, was not present and
21 gave the medication orders by telephone, and
22 WHEREAS, the nurse administered the paralytic drug, which
23 was inappropriate under the circumstances. When the drug was
24 given to Mr. Otero, it caused his heart to stop beating
25 properly, and
26 WHEREAS, shortly thereafter Raul Otero went into cardiac
27 arrest, a code was called, and, after a relatively extended
28 process, Mr. Otero was successfully resuscitated. However, he
29 was found to be suffering from anoxic encephalopathy, and
30 WHEREAS, several physicians, including the trauma resident
31 on duty at the time, testified that Mr. Otero was not stable
32 enough to be taken from intensive care during the midnight shift
33 for an elective MRI. In fact, the very next day this practice
34 was expressly forbidden by then Chief of Trauma, Lawrence
35 Lottenberg, M.D., and
36 WHEREAS, Raul Otero is completely incontinent, is
37 quadriplegic, and cannot speak, and is unable to consistently
38 follow simple one-step commands. Mr. Otero’s life-care plan was
39 drafted by Sharon Griffin, Ph.D., and was originally valued in
40 excess of $20 million. Now that his feeding tube and ventilator
41 have been removed, the cost of his future care has been revised
42 to approximately $12 million, and
43 WHEREAS, the surgical resident, Lawton Tang, M.D., the
44 resident who gave the telephonic medication orders, and Mt.
45 Sinai Medical Center, his employer, have settled for $2 million,
46 and
47 WHEREAS, the South Broward Hospital District has agreed to
48 pay $100,000 to Raul Otero and $100,000 to his mother and
49 primary caregiver, Ana Otero, pursuant to s. 728.28, Florida
50 Statutes. In addition, the district has agreed to the passage of
51 a claim bill in the amount of $2 million, NOW, THEREFORE,