Florida Senate - 2010                              (NP)    SB 30
       By Senator Dean
       3-00116-10                                              201030__
    1                        A bill to be entitled                      
    2         An act for the relief of Lois H. Lacava by the Munroe
    3         Regional Health System, Inc.; providing for an
    4         appropriation to compensate her for injuries sustained
    5         as a result of the negligence of the Munroe Regional
    6         Medical Center; providing a limitation on the payment
    7         of fees and costs; providing an effective date.
    9         WHEREAS, on November 8, 2005, Lois H. Lacava was admitted
   10  to the Munroe Regional Medical Center in Ocala, Florida, with an
   11  admitted diagnosis of a malunion of the right hip which was
   12  related to a prior fracture of the neck of the femur bone in her
   13  leg, and
   14         WHEREAS, on November 11, 2005, Ms. Lacava had a total right
   15  hip arthroplasty along with hardware removal, and the following
   16  day Dr. Mehra examined Ms. Lacava and noticed that her right leg
   17  below the knee to her toes was cold to the touch and that her
   18  toes were discolored, and
   19         WHEREAS, Dr. Mehra brought these observations to the
   20  attention of registered nurse Stacey Graham, ordered an arterial
   21  Doppler test to be performed immediately, and advised the nurse
   22  to continue to daily monitor Ms. Lacava’s production of red
   23  blood cells and the effectiveness of a blood-thinning drug that
   24  Ms. Lacava was prescribed, and
   25         WHEREAS, an arterial Doppler test is a blood pressure test
   26  that measures the lack of blood flow which may be caused by a
   27  blockage in the arteries in the legs, and
   28         WHEREAS, Dr. Mehra was not on call on the evening of
   29  November 12, but the next morning he was paged by the nurse
   30  taking care of Ms. Lacava and told that her venous Doppler test,
   31  a test used to check the circulation in the large veins in the
   32  legs, was negative for deep venous thrombosis, and
   33         WHEREAS, upon further questioning, Dr. Mehra realized that
   34  the arterial Doppler test had not been performed even though he
   35  had ordered nurse Graham to conduct the test, and
   36         WHEREAS, nurse Graham explained that she had spoken to the
   37  Doppler technician who, upon hearing the clinical features and
   38  history of the patient, had been reluctant to perform an
   39  arterial Doppler test because the technician thought there was a
   40  venous problem in Ms. Lacava’s leg, and
   41         WHEREAS, a computer loading error required a venous Doppler
   42  test to be performed before an arterial Doppler test and, for
   43  unexplained reasons, the arterial Doppler test was never
   44  performed, and
   45         WHEREAS, even though the venous Doppler test did not reveal
   46  any deep venous thrombosis, the lack of the arterial Doppler
   47  test prevented a femoral artery occlusion from being timely
   48  diagnosed, and
   49         WHEREAS, Dr. Mehra ordered an evaluation for vascular
   50  surgery by Dr. Swaminathan and another arterial Doppler test to
   51  be preformed immediately, and
   52         WHEREAS, Dr. Swaminathan evaluated Ms. Lacava and ordered
   53  an angiogram, which revealed a blockage of the right femoral
   54  artery and dislocation of the right hip prosthesis, and Ms.
   55  Lacava was taken to the emergency operating room where Dr. Brill
   56  performed a right total hip arthroplasty revision and Dr.
   57  Swaminathan performed an excision of a blood clot of the right
   58  femoral vein, with repair to the right femoral artery, and
   59         WHEREAS, Dr. Swaminathan also removed a blockage in the
   60  right tibial artery and cut the soft tissue component of the
   61  connective tissue in order to relieve tension or pressure within
   62  the right leg; however, Ms. Lacava ultimately experienced
   63  irreversible necrosis of her right lower leg, which required
   64  that her leg be amputated above the knee, and
   65         WHEREAS, after her surgeries Ms. Lacava developed
   66  tachycardia secondary to toxemia from the gangrene of her right
   67  foot and lower leg, suffered a fracture of her superior pubic
   68  ramus and femoral prosthesis, acquired a staphylococcus
   69  infection, and developed diarrhea, and
   70         WHEREAS, it was determined that Ms. Lacava was not a
   71  suitable candidate for a prosthesis due to her medical
   72  conditions that included an above-the-knee amputation of her
   73  right leg and a dislocated prosthetic hip, and
   74         WHEREAS, a consent final judgment was entered in favor of
   75  Ms. Lacava against the Munroe Regional Health System, Inc., by
   76  the Circuit Court of the Fifth Judicial Circuit in and for
   77  Marion County for $450,000, wherein $200,000 was paid to Ms.
   78  Lacava within 30 days after entry of the consent final judgment,
   79  and the remaining balance of $250,000, pursuant to the agreement
   80  by the parties, would be reported to the Florida Legislature for
   81  its consideration as a claim bill, NOW, THEREFORE,
   83  Be It Enacted by the Legislature of the State of Florida:
   85         Section 1. The facts stated in the preamble to this act are
   86  found and declared to be true.
   87         Section 2. Munroe Regional Health System, Inc., is
   88  authorized and directed to appropriate from funds not otherwise
   89  appropriated and to draw a warrant in the sum of $250,000,
   90  payable to Lois H. Lacava, as compensation for injuries and
   91  damages sustained as a result of the negligence of Munroe
   92  Regional Medical Center.
   93         Section 3. The amount paid by Munroe Regional Health
   94  System, Inc., pursuant to s. 768.28, Florida Statutes, and the
   95  amount awarded under this act are intended to provide the sole
   96  compensation for all present and future claims arising out of
   97  the factual situation described in this act which resulted in
   98  injury to Lois H. Lacava. The total amount paid for attorney’s
   99  fees, lobbying fees, costs, and other similar expenses relating
  100  to this claim may not exceed 25 percent of the total amount
  101  awarded under this act.
  102         Section 4. This act shall take effect upon becoming a law.