asterism
Congress != Progress
So my mom went to what she was told was "the premiere cancer center in Florida" by her oncologist. It was the Moffitt Cancer Center in Tampa. Long story short, this new "robotic surgery" was said to be low risk and excellent for her cancer. It turns out that wasn't the case for her. The surgeon missed the point of entry and given no direct sight nor direct control of the scalpel nicked her stomach and punctured her diaphragm. That set in a cataclysmic state of events which almost killed her.
Her stomach was sucked into her thoracic cavity which allowed the toxic bile to not only infect her abdomen but also her lungs and heart. As a result, she was septic for about 3 months and spent another 4 months still in the ICU recovering. A year later, the cancer is back but she's still so weak from the first ordeal that it's automatically terminal.
Obviously, a lawyer or two have been called. Sometime last February we were informed that Moffitt is a government hostpital, subject to a certain special clause called "sovereign immunity."
Section 768.28, Florida Statutes 2009
Basically it says that malpractice liability is limited to a low amount, and then the insurance provider (Medicare) gets to recoup their costs first in the event of a settlement. The surgeon has no liability. The company that developed the robotic surgery technique and equipment has no liability. This was not considered "experimental," it was recommended by 5 different entities as the "safest option." It wasn't until this month that Moffitt actually acknowledged that they are indeed a government hospital (Mom and Dad still had to pay the co-pays and deductibles). They claimed they were a non-profit until this month.
So here's the summary:
Surgeons aren't liable for mistakes.
You still have to pay for crappy care.
The government has no liability.
Hospitals don't have to tell you that they are government hospitals.
Wonderful.
Her stomach was sucked into her thoracic cavity which allowed the toxic bile to not only infect her abdomen but also her lungs and heart. As a result, she was septic for about 3 months and spent another 4 months still in the ICU recovering. A year later, the cancer is back but she's still so weak from the first ordeal that it's automatically terminal.
Obviously, a lawyer or two have been called. Sometime last February we were informed that Moffitt is a government hostpital, subject to a certain special clause called "sovereign immunity."
Section 768.28, Florida Statutes 2009
Basically it says that malpractice liability is limited to a low amount, and then the insurance provider (Medicare) gets to recoup their costs first in the event of a settlement. The surgeon has no liability. The company that developed the robotic surgery technique and equipment has no liability. This was not considered "experimental," it was recommended by 5 different entities as the "safest option." It wasn't until this month that Moffitt actually acknowledged that they are indeed a government hospital (Mom and Dad still had to pay the co-pays and deductibles). They claimed they were a non-profit until this month.
So here's the summary:
Surgeons aren't liable for mistakes.
You still have to pay for crappy care.
The government has no liability.
Hospitals don't have to tell you that they are government hospitals.
Wonderful.