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Medical Malpractice Laws In Select U.S. States Such As Florida Victimizing Victims Of Gross Negligence All Over Again

July 27. 2017

Maria Christian

Certain U.S. states, such as Florida, enacted new rules and attached them to malpractice laws, in conduct that is victimizing victims of gross medical negligence all over again. It is bad enough when a person becomes sick or dies due to the negligence of a doctor, medical office or hospital. In states such as Florida, one must jump through a number of hoops to sue under new medical malpractice laws, labeled pre-suit screening rules.

For example, one must notify the doctor, medical practice and or hospital of a forthcoming legal action for medical malpractice. They have 90 days to view evidence and decide if they want to risk being sued. However, in Florida, among other U.S. states, one must also have a written letter/sworn affidavit from a licensed medical doctor or dentist stating your injuries or the death of your loved one, was squarely caused by the malpractice of the doctor, medical office and or hospital in question.

Here's the catch with this dubious law brought in under former U.S. President George W. Bush, who did not give a darn about sick people, only his big corporate campaign donors. An overwhelming number of doctors are posting signs on the walls of their offices and medical paperwork given to patients stating they do not do litigation cases.

Many doctors do not want to testify against their peers, for fear of retribution in the event they too are sued for medical malpractice. This has drastically reduced the number of medical malpractice cases that have been filed, leaving the injured patients and or bereaved loved ones victimized all over again. Patients and their bereaved loved ones are paying a horrible price for said corrupt law. It was meant to stop frivolous lawsuits, but it is stopping 99% of medical malpractice lawsuits.

I'm not referring to people filing frivolous lawsuits over the doctor prescribing a medicine that made them burp. I'm referring to serious cases such doctor's removing a limb or the wrong limb when they were not supposed to do so. Doctors causing the death of a patient who was not eligible for surgery based on age or physical condition.

Doctors engaging in poor aftercare when surgery is completed and the patient dying. Doctors not maintaining proper respiration and or blood flow during surgery and the patient dying when oxygen is terminated or blood blocks air passageways. Doctors doing risky procedures that create blood clots or induce heart attacks on the operation table.

Under Bush's administration, award caps were also placed on how much money a patient can recover or be awarded in medical malpractice cases. The goal should not be to bankrupt medical practitioners who engaged in malpractice. Therefore, it is understandable that judgment awards be reasonable. However, select cases are so disgusting and egregious, some medical practitioners deserve to have the proverbial book thrown at them (ie, Dr. Larry Nassar molesting underage female gymnasts on the U.S. Olympic team, during unnecessary vaginal examinations where they were sexually abused and traumatized). 

These dubious pre-screening laws are also eroding the quality of care in the state of Florida, among other places in the United States, as some, not all doctors and others in their field, have no fear of being sued. They know how difficult it has become to sue them. I witnessed such a thing recently when a disgraceful physical therapist at a hospital caused additional injury to a physically ill patient and was very verbally abusive and nasty while doing so. He also engaged in egregious HIPAA violations, as he had no fear of being sued. More on him in a future article. He deserves to be named and shamed.

There was a case in Miami of a reckless plastic surgeon butchering women. Osakatukei Omulepu's work was disgraceful. The photos of the massive, pronounced scars he left on patients like he was slashing steak, are appalling. Surgeons seek to make small incisions and minimize scars as the healing process begins. Omulepu did the exact opposite. Women have been left disfigured and traumatized by him.

In other cases, two women were hospitalized as gravely ill after undergoing butt lift surgery at Omulepu's clinic. He repeatedly engaged in this behavior that is unquestionably malpractice. Medical boards in Florida were hit with a flood of complaints, but for a significant time period did nothing substantial to stop him...then his gross negligence and malpractice killed a patient.

There was another case where two women died in a Miami clinic after risky butt lift procedure. There was also another case where a woman died at Encore Plastic Surgery in Miami. 32-year-old Maria Christian died during a tummy tuck. The plastic surgery clinic had serious malpractice troubles prior to the incident and even changed the name of the business to get away from the taint of dissatisfied customers.

Christian's family later sued over her wrongful death and the Florida courts threw out the case, because the law firm did not meet the new pre-suit filing requirement that is now a part of the law in the state. As stated previously in this article, meeting the pre-suit filing requirement is extremely difficult to do, as doctors do not want to testify against their peers. 

Imagine that, the doctor's negligence outright kills the patient and the case gets tossed from Florida courts, due to the malpractice laws that favor doctors at the patients' expense. They should be ashamed of that. It makes the justice system look highly corrupt. Once again, some of these doctors have no fear of being sued, thanks to the laws that puts severe restrictions on litigants seeking to sue for malpractice.

The same goes for dentists in Florida, among other states. A dentist could kill you in their dental chair via acts of abuse or malpractice and if your loved one/heir can't find another doctor/dentist to put it in writing that said conduct caused the death, and you likely won't, you can't sue. If you sue without the doctor's affidavit, the judges will quickly toss out the case, while the opposing lawyer gloats over something that is a black mark and embarrassment on the legal system.

That's not a victory. That's corruption. There are some good doctors out there. However, there are some bad ones as well who are literally getting away with murder. I will be covering this topic at greater length in my forthcoming documentary.


Dead woman had surgery with Miami 'butt lift’ doctor accused of malpractice

June 02, 2017 5:53 PM - A South Florida doctor fighting the state’s effort to revoke his license on grounds of repeated medical malpractice is the surgeon whose patient died this week after he performed an undisclosed cosmetic procedure at a clinic in Doral, Miami-Dade police said Friday.

Osakatukei “Osak” Omulepu, 44, was performing surgery on a 30-year-old woman from Illinois when police records say she suddenly stopped breathing on Thursday — the same day that Florida’s First District Court of Appeal denied a request from the Department of Health to stop Omulepu from performing liposuction.

When police and paramedics arrived at the Doral office surgery clinic — called Seduction by Jardon Medical Center — they found Omulepu administering CPR to Lattia Baumeister, who had traveled to South Florida from her home about 150 miles outside of Chicago...


Lack of training can be deadly in cosmetic surgery

Updated 9/15/2011 9:30 PM - MIAMI – Her husband says he loved her the way she was, but Kellee Lee-Howard wanted a trimmer body. So she went to a clinic for "minimally invasive" liposuction. James Howard woke up on Valentine's Day 2010 to find his wife lying dead on the living room couch.

Along with her husband, Lee-Howard, 32, left behind six children — ages 3 to 14 — and a trail of questions about the doctor here who isn't board certified in any medical specialty but performed a type of liposuction he trademarked and has been teaching other non-plastic-surgeons across the country.

Alberto Sant Antonio, whose office wasn't registered as a surgery center, had done the liposuction a day earlier. According to the autopsy report, Lee-Howard died of an overdose of the painkiller lidocaine from complications after "elective cosmetic surgery." Lee-Howard told her husband she had learned of the Alyne Medical Rejuvenation Institute through an ad and that she'd found a "safe" way to lose weight by surgery.

After the procedure, she didn't feel well and went to sleep on the couch. The next morning, when their then-10-year-old son tried to ask her if he could play a video game, Howard noticed she wasn't breathing and "started screaming her name," trying to wake her.

There was so much lidocaine in Lee-Howard's body that it showed "a basic misunderstanding of the principles of pharmacology and patient safety," says Alberto Gallerani, a plastic surgeon here who is an expert witness in the Howard family's lawsuit against Sant Antonio. "It was just outrageous."...


Police investigate woman's death after 'medical episode' during tummy tuck

Posted: 11:59 PM, September 07, 2016 Updated: 6:20 PM, September 08, 2016 - A woman who underwent a procedure at Vanity Cosmetic Surgery in West Miami died Wednesday night after suffering a "medical episode," Miami-Dade police said. Maria Christian, 32, who was getting a tummy tuck, was taken to Kendall Regional Medical Center, where she later died.

Maria Christian died after undergoing a procedure at Vanity Cosmetic Surgery. Flor said doctors told her that her sister's heart stopped during the procedure. "The guy said that her heart had stopped over there, and when they brought her here, they tried to just resuscitate her, but it was without luck," Flor said...



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