THE TRUTH ABOUT MALPRACTICE COURT CASES. THE MYTH OF HIGH SETTLEMENTS AND INSURANCE COST EXPLOSION:
They tell us that high malpractice settlements are the cause of skyrocketing insurance premiums. This is a myth. Most malpractice cases never get off the ground - especially malpractice against the elderly. Look at Zoe's case. It is the easiest thing in the world to end any malpractice allegations against an elderly citizen. This is because of the irresponsible health care providers, who have lost touch with their sacred trust [the health and welfare of their patients] in their pursuit of profits.
Our press has also let us down by not reporting on important statutes like
Florida's Wrongful Death Clause, which actually encourages "murder" rather than facing the prospect of a malpractice suit. Carol knew there had been malpractice and violations of her and her mother's rights. She did not know, that if her mother died, she could never find a lawyer or begin a law suit, because she was over the age of 25!
She [Carol] was forced to attempt a lawsuit by herself. Results: She has been walked over and stomped upon by honorable institutes and their illustrious lawyers as well as state and federal agencies. {Carol -as most malpractice litigants- is not after money, but wants the abuse to stop}!
Laws are on the books to protect patients and taxpayers. But they are just not enforced against powerful health care corporations (hospitals, nursing homes, home health agencies), drug and pharmaceutical and health insurance companies or medical professionals - your doctors. White collar crime is allowed and it appears to even be encouraged in Florida.
Our laws have given health care professionals power to ensure their profits above our very health and our desire to live. The Elderly will seldom get legal help in a malpractice suit unless the surgeon makes an obvious mistake like cutting off the wrong leg or leaving his scissors inside the patient.
Personal injury and malpractice are two different types of legal cases, no matter what the lawyers say in their advertisements.
Carol called about every malpractice lawyer in the yellow pages between Sarasota and Tampa, and got a "I'm sorry about the Wrongful Death Clause" without ever reaching a lawyer.
No one said the case was not meritorious; they just did not want it. Why? There are no damages [pain and suffering] to sue for. It isn't worth it.
She tried to get an administrative hearing into the state health care agency's [AHCA's] investigation into her detailed complaint. No lawyer here in health law against the state [no money]. Healthcare lawyers are busy representing the repeat customers - health care facilities and physicians/ suppliers. AHCA threw the case out and the appeal judges [formerly in the same law firm as Blake's attorney] agreed with AHCA's decision with a one word justification "affirmed ".
She did file against IHS of Bradenton, the nursing home and against Dr. Unaeze [The doctor, who watched Zoe die for two days, wrote false reports and did not sign the death certificate as required. [Dr. Unaeze, in another case in St. Petersburg, refused to increase the painkiller unless the patient's daughter would sign a do not resuscitate order [DNR] - the mother in this case was not yet 45 years old and the daughter had problems with personal religious justifications]. Normally, Carol would have been able to find some lawyer for a nursing home case, but not when a doctor was involved ! It then becomes medical malpractice with the Wrongful Death Clause. The judge did not hear her motion, but said he thought it would be very difficult and dismissed the case against Dr. Unaeze since there had not yet been the presuit filing medical malpractice process. The suit against the nursing home was stopped because they are in bankruptcy proceedings in Delaware.
Did you know that a nursing home can remain unaccountable, yet continue to stay in business in Florida? IHS refuses to give an itemized bill or the complete medical records and can do so with impunity, because they are in reorganization bankruptcy proceedings and our state health agency AHCA does not enforce state and federal laws!!!
It's that simple! Complicate your status and you'll never be accountable!
Carol filed a suit against Blake Medical Center to get an itemized bill and a true and accurate copy of her mother's medical records. This farce lasted from December 2000 and continues today. The Motion for Clarification to the Second District Court of Appeals in Lakeland is still outstanding. See this farce on
www.spcpi.homestead.com/justicedenied.html .
www.spcpi.homestead.com/justicedenied.html .
Carol was/is dumbfounded with what she had discovered - Florida's legal system appears to be a mockery of our constitutional guarantees of equality and due process.
For elderly malpracticed and abused victims, justice is denied!
THE FOLLOWING IS A COPY OF THE MOTION [TO THE BANRUPTCY COURT IN DELAWARE] TO PROCEED WITH MY SUIT AGAINST IHS IN MANATEE COUNTY, FLORIDA - THE BRADENTON, FLORIDA NURSING HOME, WHICH ALLOWED ZOE, MY MOTHER, TO DIE, WITHOUT TAKING ANY EMERGENCY ACTION FOR TWO DAYS AND THEN NOT REPORTING THE STRANGE CIRCUMSTANCES PRECEDING HER DEATH: ON PAPER, SHE WAS DISCHARGED (DECLARED DEAD) 1 1/2 DAYS EARLY.
This page was last updated on: October 30, 2002
