Florida Senate - 2010                               CS for SB 30
       By the Committee on Health Regulation; and Senator Dean
       588-02729-10                                            201030c1
    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 the nursing staff, ordered an arterial Doppler test
   21  to be performed immediately, and advised the nurse to continue
   22  to daily monitor Ms. Lacava’s production of red blood cells and
   23  the effectiveness of a blood-thinning drug that Ms. Lacava was
   24  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 a nurse to conduct the test, and
   36         WHEREAS, the Doppler technician, upon hearing the clinical
   37  features and history of the patient, had been reluctant to
   38  perform an arterial Doppler test because the technician thought
   39  there was a venous problem in Ms. Lacava’s leg, and
   40         WHEREAS, a computer loading error required a venous Doppler
   41  test to be performed before an arterial Doppler test and, for
   42  unexplained reasons, the arterial Doppler test was never
   43  performed, and
   44         WHEREAS, even though the venous Doppler test did not reveal
   45  any deep venous thrombosis, the lack of the arterial Doppler
   46  test prevented a femoral artery occlusion from being timely
   47  diagnosed, and
   48         WHEREAS, Dr. Mehra ordered an evaluation for vascular
   49  surgery by Dr. Swaminathan and another arterial Doppler test to
   50  be preformed immediately, and
   51         WHEREAS, Dr. Swaminathan evaluated Ms. Lacava and ordered
   52  an angiogram, which revealed a blockage of the right femoral
   53  artery and dislocation of the right hip prosthesis, and Ms.
   54  Lacava was taken to the emergency operating room where Dr. Brill
   55  performed a right total hip arthroplasty revision and Dr.
   56  Swaminathan performed an excision of a blood clot of the right
   57  femoral vein, with repair to the right femoral artery, and
   58         WHEREAS, Dr. Swaminathan also removed a blockage in the
   59  right tibial artery and cut the soft tissue component of the
   60  connective tissue in order to relieve tension or pressure within
   61  the right leg; however, Ms. Lacava ultimately experienced
   62  irreversible necrosis of her right lower leg, which required
   63  that her leg be amputated above the knee, and
   64         WHEREAS, after her surgeries Ms. Lacava developed
   65  tachycardia secondary to toxemia from the gangrene of her right
   66  foot and lower leg, suffered a fracture of her superior pubic
   67  ramus and femoral prosthesis, acquired a staphylococcus
   68  infection, and developed diarrhea, and
   69         WHEREAS, it was determined that Ms. Lacava was not a
   70  suitable candidate for a prosthesis due to her medical
   71  conditions that included an above-the-knee amputation of her
   72  right leg and a dislocated prosthetic hip, and
   73         WHEREAS, a consent final judgment was entered in favor of
   74  Ms. Lacava against the Munroe Regional Health System, Inc., by
   75  the Circuit Court of the Fifth Judicial Circuit in and for
   76  Marion County for $450,000, wherein $200,000 was paid to Ms.
   77  Lacava within 30 days after entry of the consent final judgment,
   78  and the remaining balance of $250,000, pursuant to the agreement
   79  by the parties, would be reported to the Florida Legislature for
   80  its consideration as a claim bill, NOW, THEREFORE,
   82  Be It Enacted by the Legislature of the State of Florida:
   84         Section 1. The facts stated in the preamble to this act are
   85  found and declared to be true.
   86         Section 2. Munroe Regional Health System, Inc., is
   87  authorized and directed to appropriate from funds not otherwise
   88  appropriated and to pay the sum of $125,000 to Lois H. Lacava
   89  within 30 days and to make a second payment of $125,000 to Lois
   90  H. Lacava within 365 days thereafter, as compensation for
   91  injuries and damages sustained as a result of the negligence of
   92  Munroe 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.