‘Free kill:’ Woman says father died from medical malpractice, working to close Florida law loophole – IOTW Report

‘Free kill:’ Woman says father died from medical malpractice, working to close Florida law loophole

CBS – JACKSONVILLE, Fla. — Right now, efforts are underway to change a Florida law that prevents family members for suing doctors and hospitals if their loved one dies from medical malpractice. The law only applies to some — those who are unmarried and have grown children.

It has been on the books for more than two decades and groups have been fighting it pretty much since then. One local woman is joining the charge after losing her father to medical malpractice. Sabrina Davis said she can’t sue, even though the autopsy she paid for proves the malpractice and the agency that regulates healthcare facilities found them at fault.

“It’s shattering. It’s crushing,” Davis told Action News Jax Investigator Emily Turner. “A fine is a slap on the wrist, a note in their medical background is a slap on the wrist. But appearing against them in court, on how they failed my father, making them admit to their mistakes … I want accountability. That’s what I want. And right now, I can’t do that.” more

9 Comments on ‘Free kill:’ Woman says father died from medical malpractice, working to close Florida law loophole

  1. She might get the law changed, but it won’t help her; can’t have an ex post facto law. Sorry. I would like to see a loser-pays addition to that law when she gets it passed.

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  2. Also somewhat related: We encountered a similar hole in the law regarding medical decisions, when an employee’s 19 year old son, who lived at home and was on his parents’ policy, was in a car accident and in a coma for months. Because he was an unmarried adult with no medical directive or power of attorney in place, the hospital would not allow the parents to make medical decisions for him –although it submitted the bills to the parents’ insurance and they paid the deductibles.

    The hospital/state decided on the course of treatment and when and to where he was to be discharged. Parents had to drive 2 hours each way to visit him. Why do I think the placement had more to do with what was in the best interest of the health system’s budget than in the patient’s best interest?

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  3. @Holy Moly
    NOVEMBER 22, 2021 AT 1:34 PM
    “Medical error is the ‘Number 4’ cause of death in this country!”

    Soon to be #1, once they include all the dead from the vax.

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  4. Malpractice has very little influence on the well being of a doctor. Certainly if the doctor has a very large number of suits, the powers may take action. But large changes with the speciality. Neurosurgeons have suits all the time, but they rarely commit malpractice, same for orthopedic. In fact the saying is that if you don’t have a suit, you aren’t seeing enough patients. Malpractice insurance companies even make it difficult for a doctor to stop abusive lawyers by not counter suing.

    So how to get back at a doctor? Write the medical board and insurance companies. News from the medical board scars the junk out of doctor. They investigate all complaints and if excessive, pull the license. That is really bad.

  5. cheryl November 22, 2021 at 12:49 pm

    Medical murder and malpractice is going on full-time, 24/7, in hospitals all over the country with remdesivir and ventilators.
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    The local hospital here (nicknamed “The Morgue”) killed my mother. Before they killed her, they called me and told me my mother needed a hip replacement @ 12:30 am. My mother was 98 yo. I was shocked! Of course I said NO! Then the same doctor calls me back and says that they can remove the bone and the muscle will grow back over where the femur use to be. I was shocked beyond words. My mother’s hip was broken due to a fall. She passed 2 days after falling, they pulled the plug because there was no more money for them to make off of her. Due to covid restrictions, I didn’t get to say good bye.

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