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Senate Bill 0040

Florida Senate - 1998 (NP) SB 40 By Senator Campbell 33-151-98 1 A bill to be entitled 2 An act relating to the North Broward Hospital 3 District, Broward County; providing for the 4 relief of Bruce Silverman and Janie Silverman, 5 personal representatives of the estate of 6 Alexandra Silverman; providing an effective 7 date. 8 9 WHEREAS, on February 11, 1995, Alexandra Silverman, age 10 2, contracted an intestinal flu called rotovirus, and 11 WHEREAS, because of Alexandra's continued vomiting and 12 diarrhea on the following day, her mother and grandmother took 13 her to the emergency room of Coral Springs Hospital, and 14 WHEREAS, the hospital was dilatory in initially 15 examining Alexandra, but admitted her on February 12, 1995, 16 and transferred her to the pediatric floor at 11:00 p.m., and 17 WHEREAS, at the time of her transfer, her blood 18 pressure was abnormal and treatment was begun, and 19 WHEREAS, when Alexandra was seen by a pediatrician at 20 2:00 a.m., she awoke easily and was alert, and 21 WHEREAS, at 3:30 a.m., while Alexandra's parents had 22 returned home, the hospital experienced a complete power 23 failure that lasted until 5:00 a.m., and 24 WHEREAS, at 4:00 a.m., a nurse checked Alexandra and 25 performed certain functions, during which time Alexandra did 26 not wake up as could have been expected, at which time a 27 physician should have been called, and 28 WHEREAS, at 5:00 a.m., the nurse again examined 29 Alexandra and found her unresponsive, but reported her vital 30 signs as stable when they were not, and even reported 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 40 33-151-98 1 Alexandra's condition to her father over the telephone as 2 "fine," and 3 WHEREAS, when Alexandra's parents returned to the 4 hospital, they found Alexandra unresponsive and with vital 5 signs indicating that the child needed immediate attention, 6 and 7 WHEREAS, the hospital again was dilatory in providing 8 medical attention, and 9 WHEREAS, when treatment was provided, it was found 10 that, as a result of a dangerously fast lowering of body 11 sodium, Alexandra had suffered cerebral edema, and 12 WHEREAS, the attending nurse did not make any entry on 13 Alexandra's chart until after Alexandra was taken to intensive 14 care at approximately 6:40 a.m., and 15 WHEREAS, on her next shift, the nurse removed the 16 original chart from the file and substituted a completely 17 rewritten document, and 18 WHEREAS, Alexandra was declared brain dead on February 19 14, 1995, and, after the withdrawal of life support, died on 20 February 15, 1995, and 21 WHEREAS, Bruce Silverman and Janie Silverman, parents 22 of Alexandra and personal representatives of her estate, 23 brought suit against North Broward Hospital District, the 24 entity operating Coral Springs Hospital, and 25 WHEREAS, the parties have entered into a settlement 26 agreement under which the district has paid the plaintiffs 27 $200,000 pursuant to section 768.28, Florida Statutes, and 28 supports this act requiring the payment of an additional $1 29 million, NOW, THEREFORE, 30 31 Be It Enacted by the Legislature of the State of Florida: 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 40 33-151-98 1 Section 1. The facts stated in the preamble to this 2 act are found and declared to be true. 3 Section 2. The North Broward Hospital District is 4 directed to appropriate from funds of the district not 5 otherwise appropriated, and to draw a warrant in the amount of 6 $1 million, payable to Bruce Silverman and Janie Silverman, 7 personal representatives of the estate of Alexandra Silverman, 8 in compensation for the death of Alexandra Silverman while in 9 the care of the Coral Springs Hospital as a result of 10 negligence on the part of hospital employees. 11 Section 3. This act shall take effect upon becoming a 12 law. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3