Why this petition matters
My son was seen by a doctor in our area in a local emergency room where he was under the doctors care for four hours with obvious signs of sepsis. I am a retired nurse and I know what labs mean, plus he was brought in by ambulance, because he could not walk. He was weak, vomiting, pale, kidneys were showing damage, white blood cell count over 4 to 5 times the normal reading. He had an IV placed and was given treatment of fluids and Zofran for nausea. He had blood pressure elevation, a elevated heart rate all signs of sepsis. His arm was red, swollen and cool to touch distally. The hospital did two sets of vital signs during the entire period of time he was there. The doctor did an ultrasound of my son's arm and it showed myositis and subcutaneous edema and no visualization of the ulnar or radial vein. A CT could have shown more detail, since the doctor admitted that the ultrasound was poorly visualized and inconclusive. The doctor said he was only oriented to person and place, but yet states that my son was adamant about going home. the point is he had four hours in which my son was cooperative with the care that he could have treated him with a broad spectrum antibiotic. I want the law to change in Oklahoma, so that physicians do not have the right to protection under the tort law in a non qualifying hospital. The doctors should be made to fill out a normal against medical advice form, that is precise and detailed as most States are required to do. This type of Against medical advice form helps the doctor and hospital avoid unnecessary lawsuits and protects the patients right as well. A doctor who is working in the emergency room should be an emergency room certified physician. The doctor should have to chart all treatment options that he provided to the patient. Sepsis awareness training should be a requirement for any physician working in an emergency room, so that the patient is not misdiagnosed. Sepsis is increasingly becoming a cause of death, due to misdiagnosis. Tort laws only protect the doctor and hospital and go against the constitution for the right for adequate health care for all. I beg you before anyone else dies or is injured by an Oklahoma hospital under tort protection to sign my petition. Tort laws were designed for clinics and hospitals that are actually government funded, such as our awesome Wilburton Health and Wellness that provides excellent care. Clinics like helping hands in Hartshorne also deserve Tort status as it is a government funded clinic to provide care to the needy also. This hospital does not legally qualify. My son was not the only causality as a result of this antiquated law. I beg you to help me to update the tort laws for what they were intended for. I want to require more training for emergency room doctors. I want to see every hospital in Oklahoma implement a standard of care form to direct them in their care of the patient and to direct them in their charting to reflect that proper protocol was followed in any illness. Everyone deserves to be treated with dignity, respect, and should have the right for a physician to thoroughly go over a plan of care and explain all the meaning of the results of labs and the possibilities of what can happen if they leave. The doctor should always know and document if the patient was alert and oriented to person, place, time and the situation. The doctors charting did not reflect this. There is a saying that I know very well if you did not document it it was not done. This must apply to doctors, even more. Tort laws do serve a good purpose in that it does limit frivolous lawsuits that the government in and of itself would have to pay off and that in turn does save taxpayers money. The hospital's that truly do not qualify for tort protection cost the patient , due to a time limit of one year placed on the affected family. The death certificate often will take 6 months and there is a requirement of expert witnesses and no lawyer likes to mess with this because of the high cost to them and families. The family actually ends up with nothing by the time all the costs are paid to fight a wrongful death or medical malpractice suit. The family is often financially in hardship if a young person dies as in our case. The funeral cost and cost for burial alone affected us not to mention the loss of someone that helped us in our older years and contributed to our family. Hospitals that loosely qualify for tort protection, who have millions in special funds are employing doctors who are guilty of negligence and biased opinions. This hospital continues to rack in taxpayer dollars and are able to pay their CEO's and staff millions each year and then claim to be a non profit, government funded hospital . These same hospital's are making profits and building up their funds, so they can continue to feed of the backs of hard working Oklahoman's , who are struggling to pay their bills from pay check to pay check. This hospital is making millions, according to the financial statement the hospital in question only reports an income of 525,000 a year, but they pay out over 59 million plus per year in salaries and other contract labor is even more pay outs. How does this add up on their financial statements. This hospital does sit on city property and they lease the property, but how do they qualify as a tort protected hospital? I can not find them on any list of government funded entities. I do however find the clinics I mentioned earlier. are listed in the Health Resources and Administration government site which operates under the department of health and human services and are funded by the government and therefore are protected under the tort laws as they should be.