August 22, 2019
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_h1303__
HB 1303

1
A bill to be entitled
2An act for the relief of Lois H. Lacava by the Munroe
3Regional Health System, Inc.; providing for an
4appropriation to compensate her for injuries sustained as
5a result of the negligence of the Munroe Regional Medical
6Center; providing a limitation on the payment of fees and
7costs; providing an effective date.
8
9     WHEREAS, on November 8, 2005, Lois H. Lacava was admitted
10to the Munroe Regional Medical Center in Ocala, Florida, with an
11admitted diagnosis of a malunion of the right hip which was
12related to a prior fracture of the neck of the femur bone in her
13leg, and
14     WHEREAS, on November 11, 2005, Ms. Lacava had a total right
15hip arthroplasty along with hardware removal, and the following
16day Dr. Mehra examined Ms. Lacava and noticed that her right leg
17below the knee to her toes was cold to the touch and that her
18toes were discolored, and
19     WHEREAS, Dr. Mehra brought these observations to the
20attention of registered nurse Stacey Graham, ordered an arterial
21Doppler test to be performed immediately, and advised the nurse
22to continue to daily monitor Ms. Lacava's production of red
23blood cells and the effectiveness of a blood-thinning drug that
24Ms. Lacava was prescribed, and
25     WHEREAS, an arterial Doppler test is a blood pressure test
26that measures the lack of blood flow which may be caused by a
27blockage in the arteries in the legs, and
28     WHEREAS, Dr. Mehra was not on call on the evening of
29November 12, but the next morning he was paged by the nurse
30taking care of Ms. Lacava and told that her venous Doppler test,
31a test used to check the circulation in the large veins in the
32legs, was negative for deep venous thrombosis, and
33     WHEREAS, upon further questioning, Dr. Mehra realized that
34the arterial Doppler test had not been performed even though he
35had ordered nurse Graham to conduct the test, and
36     WHEREAS, nurse Graham explained that she had spoken to the
37Doppler technician who, upon hearing the clinical features and
38history of the patient, had been reluctant to perform an
39arterial Doppler test because the technician thought there was a
40venous problem in Ms. Lacava's leg, and
41     WHEREAS, a computer loading error required a venous Doppler
42test to be performed before an arterial Doppler test and, for
43unexplained reasons, the arterial Doppler test was never
44performed, and
45     WHEREAS, even though the venous Doppler test did not reveal
46any deep venous thrombosis, the lack of the arterial Doppler
47test prevented a femoral artery occlusion from being timely
48diagnosed, and
49     WHEREAS, Dr. Mehra ordered an evaluation for vascular
50surgery by Dr. Swaminathan and another arterial Doppler test to
51be performed immediately, and
52     WHEREAS, Dr. Swaminathan evaluated Ms. Lacava and ordered
53an angiogram, which revealed a blockage of the right femoral
54artery and dislocation of the right hip prosthesis, and Ms.
55Lacava was taken to the emergency operating room where Dr. Brill
56performed a right total hip arthroplasty revision and Dr.
57Swaminathan performed an excision of a blood clot of the right
58femoral vein, with repair to the right femoral artery, and
59     WHEREAS, Dr. Swaminathan also removed a blockage in the
60right tibial artery and cut the soft tissue component of the
61connective tissue in order to relieve tension or pressure within
62the right leg; however, Ms. Lacava ultimately experienced
63irreversible necrosis of her right lower leg, which required
64that her leg be amputated above the knee, and
65     WHEREAS, after her surgeries Ms. Lacava developed
66tachycardia secondary to toxemia from the gangrene of her right
67foot and lower leg, suffered a fracture of her superior pubic
68ramus and femoral prosthesis, acquired a staphylococcus
69infection, and developed diarrhea, and
70     WHEREAS, it was determined that Ms. Lacava was not a
71suitable candidate for a prosthesis due to her medical
72conditions that included an above-the-knee amputation of her
73right leg and a dislocated prosthetic hip, and
74     WHEREAS, a consent final judgment was entered in favor of
75Ms. Lacava against the Munroe Regional Health System, Inc., by
76the Circuit Court of the Fifth Judicial Circuit in and for
77Marion County for $450,000, wherein $200,000 was paid to Ms.
78Lacava within 30 days after entry of the consent final judgment,
79and the remaining balance of $250,000, pursuant to the agreement
80by the parties, would be reported to the Florida Legislature for
81its consideration as a claim bill, NOW, THEREFORE,
82
83Be It Enacted by the Legislature of the State of Florida:
84
85     Section 1.  The facts stated in the preamble to this act
86are found and declared to be true.
87     Section 2.  Munroe Regional Health System, Inc., is
88authorized and directed to appropriate from funds not otherwise
89appropriated and to draw a warrant in the sum of $250,000,
90payable to Lois H. Lacava, as compensation for injuries and
91damages sustained as a result of the negligence of Munroe
92Regional Medical Center.
93     Section 3.  The amount paid by Munroe Regional Health
94System, Inc., pursuant to s. 768.28, Florida Statutes, and the
95amount awarded under this act are intended to provide the sole
96compensation for all present and future claims arising out of
97the factual situation described in this act which resulted in
98injury to Lois H. Lacava. The total amount paid for attorney's
99fees, lobbying fees, costs, and other similar expenses relating
100to this claim may not exceed 25 percent of the total amount
101awarded under this act.
102     Section 4.  This act shall take effect upon becoming a law.


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