Legal Question in Medical Malpractice in Florida

I have (had) a pump implanted (intra-thecal) in 2003 that pumped dilaudid and fentynal directly into my spine for pain management of a debilitating neurological condition.

I was scheduled for and underwent surgery for replacement of pump due to degraded condition on 2/24/10 in the Orlando area. I was scheduled at the hospital for procedure at 2.30pm, but the surgeon ordered that I be at the hospital at 9am. I was to not take my medication, was on an order of "nothing by mouth. In the past, having a very bad experience with an "awareness" in the operating room. I was concerned enough that I called the hospital, then "Stephanie" at the surgeons office and had explained to her that I am requesting a different report time closer to the hospital scheduled procedure time. (Because I get EXTREMELY stressed out and upset worrying about being awake when they start operating.) The hospital said that even though the doctor has more patients scheduled for procedures that the hospital can actually book, they had NO CONTROL over the report time. Stephanie said she fully understood my position but that there was nothing she could (would) do. The pre admission anesthetist said he annotated my concerns and would adjust my medications accordingly. The day of surgery, the anesthetist on duty that day pretty much told me to take a hike.

So the day of surgery, arrived at 8.30am, having had no pain medication (pump wasn't working and ordered not to take oral pain medications) since 12 midnight the previous night. So arriving at the hospital in a very painful debilitated condition coupled with the fact that I was in an extreme state of anxiety and agitation. Just prior to being wheeled in I was having chest pain every time my heart beat...they looked at the monitor they had me hooked up to and said that it was "Throwing constant PVc's. One female said to another Dr keen knows and said it was ok.

I was wheeled into the operating room finally at about 1.45pm that afternoon. Moments after being wheeled in, I sat straight up on the table when I started to experience a full blown anxiety attack feeling a situation of impending disaster....I felt in my own mind that I was going to die. I needed to stop what was happening. I then stated in a very loud voice,"STOP, I'M NOT DOING THIS, GET ME OUT OF HERE NOW". Upon hearing this a female all but ran to the IV with a syringe in her hand and injected fluid into the IV. Thats all I remember...until waking up sometime later.

My poor upset frail wife was full of anguish, scared of what could happen to me, being without a husband of 30 years and of the children being without a father. All before surgery starting that day. Imagine how she felt when the surgeon went to her in the waiting room and told her I had died on the operating room table, only minutes into the procedure. Desperately trying to resuscitate me for over a full minute. On average, a human can suffer brain damage when this time approaches 3 minutes. They then closed the incision WITHOUT replacing the pump. Then was advised that because of the incident I was being scheduled for emergency surgery for a pacemaker. Never had any previous heart problems. Had the pacemaker surgery and died on the operating room table again. My heart stopped for 8.3 seconds, then was again resuscitated but a harrowing 8 days in the hospital, suffering from the surgeries, pacemaker, heart pain...and withdraw from the Dilaudid and Fentynal. Now on a long rehabilitation at home.

I talked to the Physicians assistant that was assisting the surgeon and asked him why when I said what I did, wasn't the proceedure halted. His reply was," We didn't think you were serious". I ask you. Doesn't No mean no? I feel I can relate to a woman who has been raped. NO MEANS NO! It is my position that I withdrew consent for the procedure at that time and should have been halted right then and there.

In closing, I asked questions of everyone and no one will tell me anything...seems every one is being very tight lipped. But it all boils down to one thing for me......I stated," Stop, I'm not doing this, Get me out of here now". I withdrew consent, they proceeded against my wishes and I died on the operating room table. I cannot find an injury attorney to help get me the answers. I want to know what happened. But cannot tell if that is the type of attorney I need. So if there is anyonw whom is reading about my plight, if there is anyone out there that believes NO means NO, I could despirately appreciate your help. I am in the Orlando area, am not sure how all the bills are getting paid, my wife may lose her job before this is all over because of the time she has missed from work. Please, I am a disabled veteran and our income is very small to begin with. Please help with the following...

1. What type of attorney do I need?

2. Attorney in the Orlando area that is willing to help.

3. What legal recourse do I have?

4. Unsure what area of law would apply, perhaps may be more than one.

5. Does this revoked consent violation rise to "battery" under the criminal code?

It was pretty sad actually, speaking to several legal offices, (for example John Morgans office in Orlando) who declined to help me, was very unfeeling, totally unsympathetic. After explaining the entire issue Morgans office said....Well, just tell me what did they do and how did it injure you. No, can't help you. Very abrupt with me, impatient with me when trying to explain what happened and trying to relate my feelings.

I need some help, Is there anyone out there you cares to reach out.....help a veteran in need. thanks.......Jeffrey

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