Legal Question in Medical Malpractice in Florida

on dec 11 2010 at 3:00 am i was admitted to a local hospital and diagnosed with a 7mm

kidney stone in which was causing extreme left flank pain ,an enlarged left kidney , and blood

in the urine. apon returning to work , I notified my employer that i was controling the pain with

percribed medication , and that the earliest I was going to be able to see my refered urologist

was 1-11-11. However , despite my health issues , my employer demanded that I be sent out

of town for three weeks , to perform my work duties to the fullest ,which involves climbing

cellular towers in remote locations , with one other crew member .(each member required to

be properly trained in rescue and cpr/first aid). on dec. 29 2010 I was demanded to climb a

250' tower , but durring my decent , my kidney stone moved internally , causing extreme pain.

I then notified the crew leader that I was in need of medical attention because the pain was

so severe ,that I could barely keep conciousness. At this point it was nearing 6:30 pm. With

no urgency , the crew lead made me sit in aggony until the work was finished for the day.

After leaving the site , instead of driving to the nearest hospitol near biloxy mississippi, he made me ride for over an hour (in pain) to try and find a hotel first on the south east side of

mobile alabama.(the whole time I was repeatingly asking for him to take me to the hospital)

After getting checked in to the hotel, he then threw the keys at me and told me to "drive yourself" I then proceeded to the nearest hospital " Thomas hospital" which was 26 miles

away. The next day , I notified my employer back in tampa that I was unable to perform my

duties due to pain . They requested that i fax my hospital discharge papers , and they replied

"theres nothing on here that says you cant work" , so I rode around site to site till about

3:00 pm , before I had finally had enough , and made the crew lead drop me off at my step fathers friends house(who i've never met ) until I could make arrangements to come home.

At this point I was threatened with my job , written up ,ect. , but I didn't care at this point.

My employer (Betacom inc.)did however make arrangements to fly me home , but only after

my family was already in transit to pick me up(I flew). I haven't been to work since 12-31 .

I get paid direct deposit every friday at 2:45 am , except 01-14-11 my paycheck was not in my account. When I went to my employer to find out why I didn't recieve my check , they

replied "you've been terminated however we'll let you keep your job as long as you sign this

repremendation stating that the cause was because I refused to climb and that I could not return to work until my health issue is resolved and then we'll go ahead and cut you a check"

so I signed because I need my money because i live week to week trying to survive my family.

I went to my appointment with the urologist, and he decided he was going to install a stent,

bypassing the stone , to drain my kidney. I then had pre for the proceedure ,which ment have

blood an urine test done on the 11th at a testing lab. then I had to fast (no food or liquids)for 12 hours prior to surgery on the 13th. I went to the hospital on the 13th as scheduled

and prepared for surgery . They took me back and performed an x-ray , and then proceeded

to tell me that there was no stone anymore , and that I had already passed it . I then told him that was impossible because I would have felt it due to the size , and I was told by the first doctor ,that "5mm is the largest you can pass without medical help". But he dissagreed , discharged me , and cleared me to go back to work.

My intensions were to return to work today 1/17 at 7:00 am , but I was woken up at 3:30 am

to an extreme left flank pain and blood in my urine once again. paramedics drove me to the hospital, and sure enough , I still have the same kidney stone that the urologist said didn't

exist.I have since seen another urologist who want to install a stent immediatly because my

left kidney is extremely swollen.

my question is am I a victom of medical malpractice or employee descrimination or just a guy with a bad month?

1 Answer from Attorneys

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