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CB Hospitals and Clinics BayCare 300 Pinellas Street, Clearwater, FL, 33756, US
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BayCare

300 Pinellas Street, Clearwater, FL, 33756, US
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BayCare - Outpatient Surgery Agreement and Consent Form

On September 21, 2022, I was scheduled for pre-op for a procedure to be done on September 28, 2022. All was going well, until...

The Patient Agreement and Consent for Services for was handed to me on a tablet. I was advised on where to sign, and expected to sign it. Since I am a perfectionist, and had a similar form handed to me before, I read through it completely before signing. All was well until I got to Item #10. IMAGES, RECORDINGS, AND ELECTRONIC TRANSMISSIONS.

This article allows anyone to take photos, videos, etc. of me. However, I am specifically not allowed to take photos, videos, etc. of anyone there. I cannot agree to this article. I have seen misuses of this type of videos too many times. Apparently, there was even a recent judgement for 7-8 figures (millions) of dollars for such misuse of media by a provider.

I simply want to strike that portion of the "Agreement" and continue with the procedure. I was told that it could not be done. I must sign this form as is. So, there is no Agreement, only a directive on your part.

Please let me know if there is any way I can have the procedure done. without any fear of videos or photos.

Your agreement says that I may not take photos of anything, yet your own complaint form says that I should add videos or photos to support my claim!

Desired outcome: I would like to sign a consent form without the offending Item #10.

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BayCare - fraudulent medical practices with nightmare results to unsuspecting patients

In order for you to understand the reasons for my coming forward with my story, please watch my video at Youtube :
Nancystrokevictim and see the Fox TV Tampa bay news story about what happened to me (google : Fox TV News Tampa bay, Doctor, Hospital fight Video critical of care).
When I presented to Morton Plant Emergency Room in Clearwater Florida, on march 9th, 2010, with classical signs and symptoms of a stroke, I had the utmost confidence I would be helped, and at the very least be reassured I was not in any danger of having a serious medical problem, one that could affect my life. I expected to be treated by an experienced emergency room physician, with the highest credentials obtainable, (This was a stroke center) not a Doctor who premeditated a plan to deter a malpractice suit, by not carrying medical malpractice insurance.

One would have to conclude that the blatant disregard with which my health and well being was handled by Dr. Gregory Wayne Smith D.O. and Morton Plant Hospital, that this sort of medical practice was anticipated by him and the Hospital.
At no time did I see a poster, letter, nor was I told or given anything to inform me prior to treatment that Dr. Gregory Wayne Smith D.O. did not have Medical Malpractice insurance. How could it be, that our great State of Florida Legislature has put into place laws protecting our communities from such individuals, and practices, exactly why the Legislature obviously thought it was important enough to require Doctors to inform their patients of this, prior to treatment.

For such a flagrant Violation of the Florida Statutes to be occurring within a Hospital that calls itself a stroke center is absurd. Upon reviewing The Baycare Website (Baycare is the corporation that owns Morton Plant Hospital) I Noticed that Baycare’s President-CEO Mr. Stephen R. Mason has put into place an online Quality report card for his institutions, a public -reporting tool that also helps patients become more involved in their healthcare. Well Mr. Stephen R. Mason you / your institution /and Dr. Gregory Wayne Smith D.O. get an (F), for the horrendous treatment I received at your Institution.

This is all about financial gain, what patient would realistically not have concerns about a Doctor who posts a notice in the ER that he doesn’t have medical malpractice insurance, (so If I the Doctor who renders you care, here at Morton plant Hospital screws up with your health, and leaves you crippled and in constant pain, good luck getting some help with a wheelchair van and needed care) every patient made aware would be puzzled/concerned.

This is precisely why the Legislature saw it so important so as to make it Law.
How could this kind of a scam be going on within a hospital corporation, and be left unchecked by BayCare President-CEO Stephen R. Mason, would it not be reasonable to assume that making sure patients receive appropriate medical care in your Emergency Room, would be to have all your Doctors in your Hospital Emergency Room, practicing medicine lawfully and not deceiving patients, and that catastrophic medical events should be the first to be ruled out with any and all patients.

My only objective is to prevent this from happening to anyone else, and protect our communities, from such horrific occurrences. My life has been taken from me. I am lucky to be alive. If I had received appropriate medical treatment, I would likely not be in the condition I am in now, half alive . I was deceived by a Hospital and then placed in the hands of a Doctor who anticipated well his careless medical practices, so much so that he prepared himself for the occasion.

I have a picture in my mind of a distasteful cartoon : A Large trusting entity presenting itself as a safe haven for the public, hand extended ready to collect for services, however once you walk through the door your met by the ER squad shovel in hand ready to send you out the door to make room for the next paying customer, with out any regard for human life. Tragic. Defrauding the public, while Mr. Stephen R. Mason is requesting a quality report card. Is this some kind of a Joke.

I at no time was given nor did I see posted anywhere in the waiting area or in the Emergency room information disclosing Dr. Gregory Wayne Smith D.O. not
having medical malpractice insurance as statute 458.320(F)7 requiresThe licensee must submit biennially to the department certification stating compliance with the provisions of this paragraph. The licensee must, upon request, demonstrate to the department information verifying compliance with this paragraph. A licensee who meets the requirements of this paragraph must post notice in the form of a sign prominently displayed in the reception area and clearly noticeable by all patients or provide a written statement to any person to whom medical services are being provided. The sign or statement must read as follows: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant to Florida law.”

If I had an opportunity to know what I should have, per statute 458.320(F)7 . I am sure I would have opted to see another physician. Subsequently possibly received adequate medical care.
Several years ago I was confronted by such a statement in a Doctors waiting room, I did not feel comfortable knowing this about the Doctor, and I left immediately, and sought treatment elsewhere, this is exactly what I would have done or requested a different physician. I didn’t have that right during this visit.

The Legislators knew and understood the importance of requiring this from a Doctor.

I am obviously very concerned about public safety and because I am alive, and very lucky to be after meeting with the care I received by Dr. Gregory Wayne Smith D.O. and Morton Plant Hospital, I feel it to be my responsibility, to help prevent such a similar catastrophe from happening to anyone else and that obvious catastrophic events in the ER must not missed, and patients must be investigated, worked up appropriately. This is after all the ultimate objective of an Emergency room, you do not go to the ER for a cold, rather to address potentially life threatening issues. Definitely not to be given compazine, as was given to me, by Dr. Gregory Wayne Smith D.O., while I was having stroke symptoms, ( I never complained of Nausea, for which compazine is indicated ) Then sent home where I live alone, doped up virtually incoherent.

I never imagined this being the kind of care I would receive at my community Morton Plant Hospital Stroke center ER. Especially not for a hospital system to be in complete violation along with the Doctor, allowing the Doctor a chance to defraud the public, and prevent them from knowing, that Dr. Gregory Wayne Smith D.O. has prepared himself for poor patient outcomes, so that he may freely practice carelessly, without being held responsible.

Morton Plant Hospital allowed Dr. Gregory Wayne Smith D.O. to deceive/ defraud God only knows how many patients, in their Emergency room, by not allowing the patients an opportunity to know what our Legislators wanted us to know. In my case the outcome was devastating. For Baycare’s President and CEO to allow such flagrant violations to occur, within a community Emergency Room/ Stroke center, unbelievable.

By allowing such behavior, and having unsuspecting patients receive treatment by a Doctor, who is in obvious violation of the Florida Statute, sends a clear message to Dr. Gregory Wayne Smith D.O., and others within their corporation that they may practice medicine with such blatant disregard for public safety, and without any consequences.

I plan to go national with my media campaign, and to work with the major networks, so as to shed light on my tragic experience, and help prevent this sort of tragedy from happening to anyone else.

There must be penalties in place for such Doctors and institutions which engage in these sort of fraudulent practices, and with such horrific patient outcomes. We should not let anyone else have to pay with their life, as I did. Such Reckless endangerment by a Dr. and Hospital system ought to be handled within the criminal court. As far as I am concerned Both Dr Gregory Wayne Smith D.O. and Mr. Stephen R. Mason President - CEO of Baycare should be put in the same Jail cell, for a long time.

Would an amusement park not be held responsible criminally for not disclosing certain eminent dangers associated with the ride, and then have the patrons suffer horrendous physical disabilities, because of the flagrant disregard and careless practices they had for their patrons. How is this any different. Dr. Gregory Wayne Smith D.O. and Morton Plant Hospital / Baycare need to be held accountable for their blatant disregard for human life, in the name of monetary gain. It has been over a year since this occurred, I have been in constant pain, and unable to do anything for myself. Not even do I have an adequate wheelchair, or handicap transportation.
Not once has there been any effort made by Dr. Gregory Wayne Smith D.O. or Mr. Stephen R. Mason of Baycare or anyone else from Baycare /Morton plant Hospital to assist me in anyway, Unbelievable! Such a response by them to a situation like mine, clearly shows the integrity of Baycare Leadership and Dr. Gregory Wayne Smith D.O., they have none.

Nancy

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Update by Nancystrokevictim
May 25, 2011 4:00 am EDT

You say your in the field, and you hate patients like this. Perhaps you will soon experience a similar tragedy, and then you will understand how much of a fool you were for saying that. Its persons like yourself, who are the reason why malpractice is so important. Obviously you didn't get enough attention some where along the line of growing up, or you had some bad things happen to you, your frustrated with life, i see. I have much pity for you in fact. May you soon be revealed as a miserable person and removed from the medical field .for the benefit of this community .

Update by Nancystrokevictim
May 24, 2011 10:54 am EDT

Sorry you feel that way, may God bless you, that you or your family member do not fall into the same trap as I did. Get educated, don't remain clueless too much longer

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henrysav
, US
Sep 03, 2011 4:11 am EDT

Nothing should surprise anyone about this organization. It's corrupt from the top. The amount of flagrant violations that occur daily at Baycare Facilities by staff and management is continually covered up. It's money that drives this health care machine. Patient care is not a priority for this organization.

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