Florida Hospital v. State - State of Florida In the District Court of Appeal First District

Florida Hospital v. State

By State of Florida In the District Court of Appeal First District

  • Release Date: 2002-08-20
  • Genre: Law
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Florida Hospital v. State State of Florida In the District Court of Appeal First District Book Review Score: ★★★★★ 5/5 stars

Appellant, Florida Hospital, appeals a final order of appellee, the Agency for Health Care Administration (AHCA), which approved a recommended order from the Division of Administrative Hearings finding that appellant violated sections 395.002(15) and 395.0197(6), Florida Statutes (1997), by failing to report a hypoxic event that caused brain damage to a patient as a Code 15 occurrence. Appellant raises three arguments on appeal. We affirm the first issue without further discussion. In its second argument, appellant contends that AHCA's construction and interpretation of the term ""brain damage"" were impermissible because they were inconsistent with the plain meaning of the statutes. Finally, appellant argues that AHCA's construction and interpretation of the term ""brain damage"" were vague and unconstitutional as applied. We affirm, holding that AHCA's construction and interpretation of the term ""brain damage"" are consistent with the plain meaning of the statutes, are not vague and were not unconstitutionally applied to appellant. On June 9, 1998, S.P., a 95 year-old patient at Florida Hospital, became comatose, cyanotic and unresponsive after she became disconnected from her ventilator machine. While an employee of Florida Hospital heard S.P.'s room alarm sound, the nurses' station alarm failed to sound. It could not be determined as to how long S.P. remained disconnected from the ventilator. The medical staff of Florida Hospital then provided S.P. with respirator assistance and immediately transferred her back to the cardiac care unit, which is where S.P. had been prior to the ventilator incident. While in the cardiac care unit, S.P. received intensive therapeutic care and massive blood transfusions.

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