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It’s Time…REPEAL THE FLORIDA DEATH ACT

January 21, 2012
Stop Medical Malpractice Negligence

Stop Medical Malpractice Negligence

STOP THE NEGLIGENCE of Medical Malpractice &  SENTINEL EVENTS

ALLOWING HOSPITALS AND DOCTORS A LICENSE TO CONTINUE TO PRACTICE AND ADVERTISE HIGH STANDARDS OF CARE TO ‘GAIN’ PUBLIC TRUST, while increasing their stakes!

WHEN SIMPLE STANDARDS OF CARE AND RISK MANAGEMENT  SYSTEMS DO NOT WORK, and are discovered, “Why should the loss of a life be swept under the rug?” How does that serve, protect or guide the public?

REPEAL THE FLORIDA DEATH ACT AND ALL NEGLIGENCE CAPS, MEETING THE OBLIGATION TO THE PUBLIC not only to: Physicians and HOSPITALS That “operate” with discovered, sloppy, inconsistent,    repeat violations of  Risk Management Standards of Care and Adverse Incidents. SWEEPING IT ALL UNDER THE RUG

Time to clean house in Florida Legislature and Health Care Agencies

 

5 Comments leave one →
  1. January 21, 2012 10:55 pm

    Who will stand with me as I make the appeal to OVERTURN the Florida Death ACT in the Florida House of Representatives? I am a former FL. resident whose husband has been counted among the FLORIDA HOSPITAL statistics of those losing their life, to a SENTINEL EVENT IN A FLORIDA HOSPITAL. A state full of senior citizens who may not know about this legislative enactment. I am an outraged wife with just cause for litigation and trial by jury and that as sole survivor I am the only one allowed to bring legal suit and should I die, the case dies with me! How is this system protecting, serving or guiding the public health and motivating health care providers to improve when they are further protected by caps on awards?

    In New York WHERE I LIVE NOW THERE ARE NO CAPS AND WHERE LEGISLATORS HAVE STOOD FIRM:[Damages for injuries causing death]
    §16. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation. (Formerly §18. Renumbered by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)
    New York State Estate Powers and Trusts Law §5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent
    1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent’s death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent’s death. When the distributees do not participate in the administration of the decedent’s estate under a will appointing an executor who refuses to bring such action, the distributees are entitled to have an administrator appointed to prosecute the action for their benefit.
    2. Whenever it is shown that a criminal action has been commenced against the same defendant with respect to the event or occurrence from which a claim under this section arises, the personal representative of the decedent shall have at least one year from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to maintain an action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.(As of March 15, 2009)

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  2. January 21, 2012 10:57 pm

    From:
    Deborah Krekic
    445 Edgemere Dr
    Rochester,NY 14612-
    (585)730-7576

    01/21/12 11:19 AM

    To the Honorable Robert C. Schenck;

    Jan 21, 2012

    My husband Herman Krekic and I formerly of 12220 Timber Lane, Brooksville Fl 34601 as of 2010. My husband was a public servant in the Monroe County Sheriff dept up here in Rochester NY, where I currently am residing and working since his death on 8/23/2010 at Tampa General Hospital. A SENTINEL EVENT occurred, THAT IS NOW IN LITIGATION. I am outraged that should I die the case dies with me! I intend to personally appear before the Health Care Appropriations Subcommitte and demand the Florida Death Act be repealed. Are you willing to take a stand for this and all the other elderly people who have no idea what is going on? I have taken time to review every statute and find this unacceptable. Yes I know there are Agency’s in place but when the system is not working clearly someone needs to stand up and challenge it and seems that person is me.

    FYI here is a sign without the graphics, I plan to personally carry with me out front at 221 The Capitol soon in Tallahassee. I am no longer in the district or state of Florida so you and others may not be interested in this issue from my point of view. Will you help me or advise me in getting a bill together?

    STOP THE NEGLIGENCE Medical Malpractice & SENTINEL EVENTS ALLOWING HOSPITALS AND DOCTORS A LICENSE TO CONTINUE TO PRACTICE AND ADVERTISE HIGH STANDARDS OF CARE TO ‘GAIN’ PUBLIC TRUST, while increasing their stakes!
    WHEN SIMPLE STANDARDS OF CARE AND RISK MANAGEMENT SYSTEMS DO NOT WORK, and are discovered, “Why should the loss of a life be swept under the rug?” How does that serve, protect or guide the public? REPEAL THE FLORIDA DEATH ACT AND ALL NEGLIGENCE CAPS, MEETING THE OBLIGATION TO THE PUBLIC not only to: Physicians and HOSPITALS That “operate” with discovered, sloppy, inconsistent, repeat violations of Risk Management Standards of Care and Adverse Incidents. SWEEPING IT ALL UNDER THE RUG

    2-27-2012 I received a phone call today from Rep Schenck’s office by his assistant who had no knowledge of this letter and who educated me to the fact that, he could not bring a bill as Senior Leader and it might be more logical for me to appear before the Judiciary Committee who could. I should have called his office sooner and not depended on an email and next time I’m in the area I will try to call him and meet with him if he is interested. The legislative session is almost over and he will be back in his office soon which is located in the county of our former residence.

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  3. January 21, 2012 11:20 pm

    Well? Who will stand with me we shall soon see as I patiently endure being brought forth in diverse trials to the perfecting and completion of my faith.

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  4. liz permalink
    August 2, 2012 6:16 am

    How can I help? My mother’s death was due to hospital negligence. The Florida Wrongful Death Act, needs to be changed!!!!!

    Like

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