Butt … wait!

December 17, 2009 at 11:12 am 1 comment


Congratulations Floridians – you’re one freedom fewer!
:(

The Florida Department of Health has ruled – albeit reluctantly – that once you sign a medical procedure consent form you can’t stop the procedure once it’s begun … even, say ohhhh I don’t know — when the ANESTHESIA wears off?!?

That’s right, kiddies!
You get to grimace and bear it.
::: Just say ‘oh no!’ :::

Just ask the 61-year-old Pasco County woman who filed a formal complaint after gastroenterologist Kozhimala John refused to stop a colonoscopy after her anesthesia wore off and she was quite literally begging him to halt the procedure.

Investigative records of the May 2008 incident show the colonoscopy was underway when the sedation, a common mix of Versed and Fentanyl, wore off. Records show the patient told the doctor that he was hurting her and pleaded for him to stop.

He didn’t.

“Please stop!” she insisted, while the nurse tried to shush her, records show.

He didn’t.

“Most people would say: ‘I didn’t really mean for you to stop the procedure even though I told you to…’ She was under sedation,” John said. “I couldn’t take her words for sure.”
::: I bet you took her co-pay and insurance for sure though, eh doc? :::

After the complaint was filed, DOH lawyers (get the irony??) tried to find some clause — any clause — in the Medical Practice Act that would apply in cases like this.

They didn’t.

John, who is board-certified in internal medicine and gastroenterology, was charged only with inadequate record-keeping for failing to document the many ways the colonoscopy went awry.

He accepted a reprimand, a $15,000 fine, agreed to perform 100 hours of community service and take a course on “risk management.”

When the Board of Medicine heard the case in Orlando earlier this month, some members fumed about the state dropping the more serious accusation.

“There was unnecessary suffering inflicted,” DOH prosecutor Robert A. Milne told the Florida Board of Medicine recently, “but we had to (drop the charges) for legal reasons.”

Donald Mullins, one of three non-physicians on the 15-member board, spoke sharply to John. “It’s her body. She needed to make the decision. These were not your decisions to make … I’m disgusted that we’re going to (accept the settlement). I just can’t believe it!”

Miami pediatrician Onelia Lage said John displayed too little regard for the wishes of his patient. “Regardless of the legalities, when the patient screamed and said, ‘No!, you needed to listen.”

Maybe he will … maybe he won’t, but one thing’s for sure … he doesn’t really have to …

… and apparently, Floridians, neither does your doctor …

SOURCE

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Senator Badass (D-MN) Droll Tide

1 Comment

  • 1. nagavalli  |  January 30, 2011 at 1:46 pm

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