Update: The Death of Debbie Magiera - Artery Severed in Surgery - FL Law Stands with Hospital
FLORIDA'S FREE KILL LAW WINS IN SPITE OF THE AHCA HAVING DOCUMENTED MALPRACTICE, NEGLIGENCE AND
HOSPITAL'S FAILURE TO MEET STANDARD OF CARE.
DOES THIS SOUND PREPOSTEROUS?
FLORIDA LAW (STATUTE 768.21(8) DOES NOT ALLOW MY FAMILY A FAIR TRIAL
TO SEEK JUSTICE FOR MY BIG SISTER
BECAUSE SHE WAS UNWED & HAD NO CHILDREN
IT'S DEPLORABLY TRUE
Florida: Where corporations value profit over human life... and get away with it
On June 15th 2017 My Sister stepped in to Manatee Memorial Hospital thinking she was going to have a routine procedure and be home recovering in a few hours. Little did she know, she stepped directly into a killing field. The entire story can be found by clicking here on the Two Daughter's* blog. I use strong words like killing field, because soldiers in war zones receive better care than my Sister did that day.
During what was intended to be a minor herniated disk surgery, the surgeon Severed her Ililac artery. Additionally he failed to recognize his error, until it was far too late to save her life.
Upon finding out that neither my mother nor I could take Manatee Memorial to court, I reached out to The Agency for Health Care Administration (AHCA).
Besides the surgeon's error, the additional findings of the AHCA report state that the recovery room nurse failed to report to the Surgeon or Anesthesiologist that my Sister was in respiratory distress and was having a severe Blood Pressure drop - to critically low levels. This was all in spite of my sister having verbalized that her pain scale was off the charts.
The Medical Director of the hospital admitted on the record that the
Hospital staff failed to meet standard of care.
The AHCA however has no authority to do anything directly about the death of my sister. They do not have jurisdiction over any individual medical file.
Their job is to regulate hospital policy. They made several recommendations in the report with respect to the hospital policies broken during the circumstances around my sister's death as well as their onsite visual observances. Aside from these recommendations, there is zero reprimand of the surgeon, nurse or hospital.
SO WHO WILL BE ABLE TO GET JUSTICE FOR MY BIG SISTER:
FLORIDA'S FREE KILL LAW SAYS NOBODY
My Sister went directly from the OR to Recovery where Dr. Timothy Robert's looked in on her before proceeding to his next case. At that time my sister Debbie complained to him of abdominal leg pain. Her complaints did not concern Dr. Robert's; even though those types of complaints following a back surgery are indicative of bleed. Had he followed the Medical Algorithm and ordered a STAT MRI - my sisters bleed would have been found. She could have then been transferred to a level one hospital, a vascular team could have repaired her severely damaged artery, she could have survived the surgeon's mistake. Instead he ignored her cries and proceeded to his next case, leaving her to die.
As I mentioned earlier, the errors continued as the Recovery room nurse fails to report her decline of Blood Pressure and respiratory distress.
Hospitals are notoriously understaffed -
this is not due to a lack of employable and intelligent healthcare workers.
This is due to the fact that it costs more money to keep staff levels par.
But because of Florida's Free Kill Law -
If understaffing causes mistakes - It's Free. There are no incentives
for hospital corporations to maintain safe staffing levels
nor increase patient safety standards.
During this AHCA inspection they also found many other errors. One of the main errors found was in the crash cart on the Orthopedic Floor. It was unlocked and some of the medications were expired. In the meantime: every day shift and night shift, an RN filled out and signed a log that they checked the cart and everything was up to date and ready for use to save a life. Well they lied, signed their name to a log book stating all was well and moved on when in fact they did NOTHING.
There is no real incentive for hospital corporations to correct their errors.
It is Free for hospital corporations to kill over 53% of Floridians.
Eligible Free Kill victims include:
unwed vacationers, unwed college students , unwed adults of any age,
elderly widows, single parents who's children are full grown.
Who know's if any patients after my Sister needed that crash cart and died because a nurse failed to do her Job? Again please note that this crash cart error was written in the AHCA report. The nurse who failed to report that my sister was dying was admitted to by the hospital's Medical Director.
What does this mean, It seems I've done all the work and put the smoking gun into the hands of lawyers and law makers who are supposed to be there to protect the people, I'll tell you what it means it means NOTHING.....
Tells me - Why is it that nearly 300,000 Floridan's are out raged when a shark is killed by a bunch of punk kids and are quick to sign a petition to ensure that never happens again, but while human beings (in their own families, friends and neighborhoods) are being ACCEPTABLY MURDERED WITH APPROVAL OF THE LAW at an alarming rate and no one blinks an eye!
Don't get me wrong the Shark thing was wrong but when we are looking at the bigger picture Isn't human life more important than a fish...?
We Are offended that NFL football players wont stand, We are offended by 75 year old statues, We are offended that the political party we would prefer did not win, but we are not offended by Floridan's human rights being abused and neglected nor that they can be murdered sans laws to protect them.
How many more have to die before more people will rise up and do the right thing? Why is it that the local and major media are not covering these stories and this violation of Floridian's constitutional rights? Please join Two Daughters, to help bring awareness, contact lawmakers, make enough noise for the media to care and demand change.
My Sister was real, she was here, she was loved, and she is deeply missed. I can not walk away and forget this happened and I will not pretend that if I don't BELIEVE this it didn't HAPPEN, because it did and here we are.
I'm asking every family of every victim to rise up and fight, use social media, bombard media outlets with your stories, do the same with celebrities anyone that can help or bring this and the many other stories into the light, if not us then who?
This is Debbie's story, and it deserves to be heard.
Sincerely,
Constance Selinas