Florida Medical Board says it's Ok to sign consent for surgery Under the Influence of Narcotics

This is a post I was hoping I would not have to write.  For anyone that knows me, knows that I believe in a right and wrong and will stand up for what's right and be relentless until the wrong is set right.  On June 16, 2020 a little over a month, I received a copy of Em's medical record.  A good friend of mine begged me not to read it, but I had to.  I had to know why 2 of the most experienced doctor's did not save my daughter from dying.  For the next couple of months, I sat up late at night and read each and every word.  I was shocked and appalled at what I read.  I read and re-read with tears streaming down my face.  The actions these doctors, nurses, NP's, PA's, CNA, PT, OT did not take resulted in Em's death.  Much was noted about her distended abdomen, "patient is a high risk for an ileus", but not ONE OF THEM ADVOCATED TO SAVE EM.  NOT ONE advocated for me to be allowed to stay with her!

During her week long stay a the hospital, there were 21 phone calls made between myself and someone calling me.  Three were from nurses, 7 were from the case worker, 10 calls I made and 1 call on day seven was from a doctor.  Mind you, every call I made, I requested to have a physician call me back.  Several of these calls I made were to the house supervisor also requesting to speak to a physician.  On day seven I awoke to the last text Em would ever send me "I need you up here today please".  At 08:30 I made the last facetime I would ever get to make with her.  The only call from a doctor came at 11:24 am.  The call lasted less than 5 minutes.  He said that Em had aspirated and coded for 2 minutes.  She was put on a ventilator and moved to ICU.  He said she was critical and may die.  What he failed to tell me that I discovered in her medical record, was that she had coded 2 times.  Once for 30 minutes and the second for 45 minutes.  He never once suggested I needed to come to the hospital.

That wasn't the only thing I learned that was just incomprehensible.  I learned that when Em arrived in the ER, she was alert and told the staff she wanted my sister and myself to participate in her care.  Our names and cell numbers were listed.  Em was placed on a continuous pain pump in the ER.  Early the next morning Dr. Todd McCall the orthopedic doctor was to perform the first of 2 surgeries she would have.  All of the documentation is included in the pictures with this blog.   At 6 am, Dr. McCall signed the consent for surgery.  At 7:05 am, Em was given a 4 mg dose of morphine, and a 200 mcg of fentanyl.  At 7:30 am, Em signed the consent for surgery meaning that Dr. McCall has explained what he was going to do, any risk that might be involved and answered any questions Em might have.  Dr. McCall then took Em into the OR for an 7 hour surgery.  Oh you asked if anyone called me to let me know what was happening?  NO!! DID ANYONE CALL AFTER SURGERY TO SAY IT WENT WELL AND SHE WAS DOING GOOD?  NO!!!!

From my knowledge, nothing that is signed under the influence is legal in any court of law.   However, I must be mistaken.  On Aug. 4, 2020, I filed a complaint with the Florida Medical Board in regards to Em signing a consent for surgery under the influence and my not having been notified by the hospital staff.  All the necessary documents were provided.  October I was notified that my complaint is being investigated.  In January 2021, after making a call to the office, I was told that is was being reviewed by a panel.  The panel then sent it to an "expert" that was also an orthopedic surgeon.  You can see in the response, that Dr. McCall followed "standard of care".  My complaint was not about SOC, but about her giving consent under the influence.  I then filed an appeal with the same documentation with the dates and times circled.  Again, the medical board reviewed the documentation submitted along with the entire file, and found no evidence to re-open the case. 

August 27, 2021

 Gale F. Murkerson

1347 Wade Hampton Rd.

Dulbin, GA 31021

 Re:      Todd A. McCall, M.D., Case No. 2020-25810

 Dear Ms. Murkerson:

 The Department is in receipt of the additional information you submitted for your appeal. The information you provided was reviewed again along with the entire file. 

 Upon review of the additional information the Department has determined that there is no cause for the complaint to be reopened.  Therefore, the case will remain closed.

 Since this case was dismissed with a finding of no probable cause, the materials included in the file are confidential. If you have any questions, please call me at (850)558-9872.

  Sincerely,

Cynthia Nash-Early                            Cynthia Nash-Early,

Assistant General Counsel

 

For more than 30 years I have given my talents to healthcare where I have followed protocols, and have held on to my ethical and moral values.  I have and will never sacrifice those values for no administrator, physician or nurse.  For seven days Don and I trusted that the hospital and physicians would follow ethical and moral values as we do.  There again, we were wrong and it cost us dearly.  

I have read text messages Em sent to Sebastian.  Many of the described her pain and issues.  Others described waiting long times for someone to come move her to get comfortable because she could not do that for herself.  This is my nightmare I will have to live with.  As for these doctors, nurses and all other staff that came in contact with Em, they will not ever blink an eye or even be able to recall her name.  Life goes on.

I am not saying that all doctors, nurses and hospitals are bad.  This is what happened to us during the lockdown.  It would have only take one person to step up and do the right thing and ask for Em to be allowed for me to stay with her.  Exceptions were to be made for special circumstances.  Obviously, she was not special in anyone's eyes.

This is only part of what was done wrong.  I pray that this doesn't happen again.

Integrity is defined as doing the right thing, because it's the right thing to do.  Is there anyone that still has integrity?