Senate Bill sb0052

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                    SB 52

    By Senator Campbell





    32-121-06

  1                      A bill to be entitled

  2         An act relating to the Martin County Health

  3         Department; providing for the relief of

  4         Cristina Alvarez and George Patnode; providing

  5         for appropriations to compensate them for the

  6         death of their son, Nicholas Patnode, a minor,

  7         due to the negligence of the Martin County

  8         Health Department; providing for repayment of

  9         Medicaid liens; providing an effective date.

10  

11         WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months

12  of age, was seen at the Martin County Health Department -

13  Indiantown Clinic, for a fever, and

14         WHEREAS, a blood test was ordered, the results of which

15  were abnormal and consistent with bacteremia, a condition that

16  requires immediate administration of antibiotics, and

17         WHEREAS, the results of the blood test were printed

18  that day but not picked up from the printer at the clinic, as

19  a result of which treatment was not begun and Nicholas

20  Patnode's condition deteriorated, and

21         WHEREAS, several hours later, Nicholas Patnode's

22  parents took him to Martin Memorial Medical Center, where a

23  spinal tap confirmed a diagnosis of bacterial meningitis, and

24  Nicholas Patnode was transferred to St. Mary's Hospital in

25  critical condition, and

26         WHEREAS, a decision was made to discontinue life

27  support due to irreversible brain damage, and Nicholas Patnode

28  died on January 10, 1998, and

29         WHEREAS, Nicholas Patnode is survived by his parents,

30  Cristina Alvarez and George Patnode, and

31  

                                  1

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






    Florida Senate - 2006                                    SB 52
    32-121-06




 1         WHEREAS, the actions of the Martin County Health

 2  Department demonstrated failure to adhere to a reasonable

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

 4  and

 5         WHEREAS, after an unsuccessful attempt by Nicholas

 6  Patnode's parents to settle this claim, it proceeded to

 7  litigation, resulting in a judgment in favor of the parents in

 8  the amount of $2.6 million, and

 9         WHEREAS, the Department of Health has paid $200,000 to

10  Cristina Alvarez and George Patnode under the statutory limits

11  of liability set forth in section 768.28, Florida Statutes,

12  NOW, THEREFORE,

13  

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

15  

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

17  act are found and declared to be true.

18         Section 2.  There is appropriated from the funds of the

19  Martin County Health Department not otherwise encumbered the

20  sum of $1.5 million, to be paid in equal payments of $300,000

21  per year over a 5-year period for the relief of Cristina

22  Alvarez as compensation for the death of her son, Nicholas

23  Patnode, a minor, due to the negligence of the Martin County

24  Health Department.

25         Section 3.  There is appropriated from the funds of the

26  Martin County Health Department not otherwise encumbered the

27  sum of $900,000, to be paid in equal payments of $180,000 per

28  year over a 5-year period for the relief of George Patnode as

29  compensation for the death of his son, Nicholas Patnode, a

30  minor, due to the negligence of the Martin County Health

31  Department.

                                  2

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






    Florida Senate - 2006                                    SB 52
    32-121-06




 1         Section 4.  The governmental entity responsible for

 2  payment of the warrant shall pay to the Agency for Health Care

 3  Administration the amount due under section 409.910, Florida

 4  Statutes, prior to disbursing any funds to the claimant. The

 5  amount due the agency shall be equal to all unreimbursed

 6  medical payments paid by Medicaid up to the date upon which

 7  this act becomes a law. Such amounts shall be deducted in

 8  equal amounts from the award of each parent.

 9         Section 5.  This act shall take effect upon becoming a

10  law.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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