6/5/2015

Dear Elected State of Florida Representatives

Please be advised that I am requesting this petition so that the State of Florida change the State amendment of the Go Bare Law, and require that all Surgeons and Physicians working and operating in the State of Florida, obtain malpractice insurance of no less than $250,000.00.

On January 11, 2013, I had scheduled a Lipo Surgery procedure at the Office of Dr. Amaryllis Pascual located at 18205 Biscayne Blvd Suite 100 Aventura FL. 33160 305-947-0751 I was scheduled to stay overnight and she was supposed to complete an ultra sound the following day, to make sure there was no complications.  During the next 5 days, I began to feel ill and I was getting from bad to worse, to the point that I thought I was dying.  I tried to contact Dr. Pascual's Office during those 5 days to discuss how I was feeling but her staff continued to tell me that she was not available to speak to me.  After the 5th day, I decided to ask a neighbor to take me to the emergency room at Aventura Hospital. At Aventura Hospital, they completed an CT Scan and other tests and that was when the Surgeon and other Physicians saw that Dr. Pascual had perforated my intestines in multiple places and colon.  I was rushed to the Operating Room and they had to conduct emergency surgery to save my life because at this time, I had become septic and was dying. Two days later, they had to perform anther surgery to clean out my internal infections.  I ended up staying at the hospital for 21 days due to Dr. Pascual's negligence that almost killed me. The Surgeons at Aventura Hospital stated that if I had not gone to the ER like I did, I would have died at home that evening. The Physicians at Aventura Hospital tried to contact Dr. Pascual and she did not return any of their calls as well. She basically avoided everyone's calls hoping I would die.

My previous insurance company refused to pay Aventura Hospital and now I am in debt with them and other Medical Facilities of over $175,000.00 so I decided to file a lawsuit against Dr. Pascual. On 2/25/2015, Dr. Amaryllis Pascual who was supposed to be self insured or have in assets of at least $250,000.00 according to the State By-Laws for not carrying malpractice insurance, but she filed for bankruptcy on 2/25/2015, leaving me in a ton of medical debt.

I have fought very hard for the last 2 years to stay alive but Dr. Pascual unethical and deceitful practices just makes me want to give up at times.  I had one of the highest perfect credit score and now I may have to file for bankruptcy myself to protect myself from creditor I acquired from Dr. Pascual's negligence and refusal to pay for the damage she caused me.  I still have to have to undergo re-constructive surgery due to the damage associated with Dr. Pascual's negligence but I do not have the money to do so.  Yet, The State of Florida will continue to allow Physicians like Dr. Pascual run their businesses and generate money, without any consideration to me and many others she has caused physical and emotional damage to.  Many Surgeons and Physicians like Dr. Pascual, are not trying to maintain assets or a line of credit in the amount of $250,000.00 but again, they are filing bankruptcy so that they are not obligated to settle any legal litigations brought against them, and they continue to run their businesses in order to generate income.  

For this, I am writing you to file this emotional plea to change the law in the State of Florida and make it a mandate for Surgeons and Physicians operating in the State of Florida, carry malpractice insurance like most other State in the United States.  If there are Surgeons and Physicians and some State Politicians who object to this change because the Surgeons and Physicians may choose to leave the State of Florida and practice in another state. Well all I can say is, so-be-it.  Put yourselves in my shoe right now, are the Surgeons, Physicians, or Politicians going to pay for my outrageous medical debt caused by Dr. Amaryllis Pascual who conveniently filed for bankruptcy.  I guess the answer is no.  Our State Elected Representatives need to change the way the State of Florida authorizes the way surgeons and physicians operate in the State, so that we can protect the rights and health of fellow Floridians.

Right now, I can continue to pray to God so that I have the strength and courage to continue to live, so that I can make this change in Florida, and that no one has to continue to go through what I and many other Floridians have gone through.  This new State Law needs to be changed now. We need the support of all of our elected politicians so that this amendment can be passed and put into law.  Otherwise please let me know if I need to collect 500, 1000, 5000 signatures in order for this amendment to be put to a vote on a ballot on our next major election.  One way or another, we need to make Surgeons and Physicians in the State of Florida accountable for the negligence and harm they cause to their patients.

Sincerely,

Ricardo Martinez
2150 Sans Souci Blvd #1108
North Miami, FL. 33181
rivera33181@yahoo.com
305-450-5755