Senate Bill sb0026

    Florida Senate - 2004        (NP)                        SB 26

    By Senator Campbell





    32-17-04

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; providing for the relief

  4         of Cristina Alvarez and George Patnode;

  5         providing for appropriations to compensate them

  6         for the death of their son, Nicholas Patnode,

  7         due to negligence of the Martin County Health

  8         Department; providing an effective date.

  9  

10         WHEREAS, Nicholas Patnode, 5 months of age, was seen at

11  the Martin County Health Department - Indiantown Clinic on

12  January 8, 1998, for a fever; a blood test was ordered, the

13  results of which were abnormal and consistent with bacteremia,

14  a condition that requires immediate administration of

15  antibiotics, and

16         WHEREAS, the results of the test were printed that day,

17  but not picked up from the printer at the clinic, as a result

18  of which treatment was not begun and Nicholas became much

19  worse, and

20         WHEREAS, several hours later, his parents took Nicholas

21  to Martin Memorial Medical Center, where a spinal tap

22  confirmed a diagnosis of bacterial meningitis, and Nicholas

23  was transferred to St. Mary's Hospital in critical condition,

24  and

25         WHEREAS, a decision was made to discontinue life

26  support due to irreversible brain damage, and Nicholas Patnode

27  died on January 10, 1998, and

28         WHEREAS, Nicholas is survived by his parents, Cristina

29  Alvarez and George Patnode, and

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                        SB 26
    32-17-04




 1         WHEREAS, the actions of the Martin County Health

 2  Department demonstrated failure to adhere to a reasonable

 3  level of care of Nicholas and resulted in his death, and

 4         WHEREAS, after an unsuccessful attempt by Nicholas'

 5  parents to settle this claim, it proceeded to litigation,

 6  resulting in a judgment in favor of the parents in the amount

 7  of $2,600,000, NOW, THEREFORE,

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  The facts stated in the preamble to this

12  act are found and declared to be true.

13         Section 2.  The Department of Children and Family

14  Services is authorized and directed to appropriate from funds

15  not otherwise appropriated and to draw a warrant in the sum of

16  $1,600,000 payable to Cristina Alvarez as compensation for the

17  death of her son due to the negligence of the Martin County

18  Health Department.

19         Section 3.  The Department of Children and Family

20  Services is authorized and directed to appropriate from funds

21  not otherwise appropriated and to draw a warrant in the sum of

22  $1 million payable to George Patnode as compensation for the

23  death of his son due to the negligence of the Martin County

24  Health Department.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Provides for the relief of Cristina Alvarez and George
      Patnode following the death of their son as a result of
31    negligence by the Martin County Department of Health.

                                  2

CODING: Words stricken are deletions; words underlined are additions.