Barrier v. JFK Medical Center Ltd. Partnership
169 So. 3d 185
Fla. Dist. Ct. App.2015Background
- In Feb 2010 Chad Barrier was treated at a hospital after an apparent Xanax overdose, discharged, returned later the same day, and subsequently suffered cardiac arrest and a coma from which he never recovered consciousness.
- Pamela Barrier was appointed emergency temporary guardian (ETG) of Chad on April 13, 2010 (letters stated ETG had plenary powers); she was appointed plenary guardian of person and property on May 19, 2010 after Chad was adjudicated incompetent.
- On July 19, 2012 Pamela served notices of intent to sue for medical malpractice and then filed suit alleging negligent care by the hospital and jail medical personnel.
- Defendants moved for summary judgment arguing the statute of limitations had run because Pamela’s knowledge as ETG (from April 13, 2010) should be imputed to Chad and therefore the two-year malpractice limitations had expired.
- The trial court granted summary judgment for defendants; the Fourth District reversed, holding ETG knowledge cannot be imputed to the ward for limitations purposes and the limitations period could not run before a plenary guardian of the property was appointed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowledge acquired by an emergency temporary guardian (ETG) can be imputed to an alleged incapacitated adult to trigger the medical-malpractice statute of limitations | Pamela: ETG appointment did not create a duty to investigate or sue; statute of limitations did not begin until appointment as plenary guardian (May 19, 2010) | Defendants: ETG was granted plenary powers by the letters; Pamela’s knowledge from April 13, 2010 should be imputed to Chad and start the limitations period | Reversed summary judgment. Knowledge of an ETG cannot be imputed to the ward for triggering the statute of limitations; limitations may run from appointment of a plenary guardian of the property (May 19, 2010) |
Key Cases Cited
- Tanner v. Hartog, 618 So.2d 177 (Fla. 1993) (statute of limitations requires both knowledge of injury and knowledge of a reasonable possibility of malpractice)
- Arthur v. Unicare Health Facilities, Inc., 602 So.2d 596 (Fla. 2d DCA 1992) (statute’s discovery language contemplates conscious awareness; knowledge cannot be imputed to incapacitated victim lacking awareness)
- Stone v. Rosenthal, 665 So.2d 276 (Fla. 4th DCA 1995) (ETG’s knowledge should not be imputed to ward; duty to pursue malpractice arises with appointment of permanent guardian of property)
- Thomas v. Lopez, 982 So.2d 64 (Fla. 5th DCA 2008) (knowledge of third party cannot be imputed to unconscious adult before appointment as plenary guardian)
- Batzle v. Baraso, 776 So.2d 1107 (Fla. 5th DCA 2001) (statute requires specific enumeration of ETG powers; courts should not casually confer unenumerated plenary powers on ETGs)
- Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA 2012) (ETG is an interim measure to protect an alleged incapacitated person pending incapacity determination)