Joseph v. University Behavioral LLC
71 So. 3d 913
Fla. Dist. Ct. App.2011Background
- UBC is a private psychiatric facility where Joseph, age 14, was confined for one year by court order after arson and related charges.
- Joseph developed severe eye injury (detached retina losing his left eye) after an incident in UBC’s cafeteria involving L.F. who assaulted him; UBC staff allegedly refused to separate them.
- Joseph and L.F. were residents under UBC’s care; the incident occurred while residents were supposed to be supervised by staff.
- Joseph’s complaint asserted general negligence theories: inadequate supervision/security, training failures, mistreatment, and failure to provide timely medical care.
- UBC moved for summary judgment asserting Joseph’s claim was medical malpractice subject to presuit requirements and a two-year statute of limitations; trial court granted summary judgment.
- The postures of law hold that not all injuries occurring in medical settings are medical malpractice; the court must examine whether the alleged acts implicate the medical standard of care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim arises out of medical care or ordinary negligence | Joseph’s claim is for ordinary negligence, not medical malpractice | UBC contends it arises from medical care decisions and thus falls under §766.106 | Claim does not arise from medical care; ordinary negligence controls |
| Whether presuit requirements of §766.106 apply | Presuit requirements do not apply to ordinary negligence claims | If the claim is medical malpractice, presuit applies | Presuit requirements inapplicable to this ordinary negligence claim |
| Whether the two-year medical malpractice statute of limitations applies | Two-year limit does not apply to ordinary negligence | If deemed medical malpractice, limitation applies | Two-year statute does not apply to this ordinary negligence claim |
Key Cases Cited
- Mobley v. Gilbert E. Hirschberg, P.A., 915 So.2d 217 (Fla. 4th DCA 2005) (presuit requirements apply only to medical negligence where applicable)
- Robinson v. West Fla. Reg’l Med. Ctr., 675 So.2d 226 (Fla. 1st DCA 1996) (not every medical setting injury is medical malpractice; ordinary negligence claim not barred)
- Tenet St. Mary’s, Inc. v. Serratore, 869 So.2d 729 (Fla. 4th DCA 2004) (injury after dialysis does not compel medical malpractice labeling)
- Ashe v. Florida Hosp. Ass’n, 948 So.2d 889 (Fla. 1st DCA 2007) (negligence in Baker Act release not medical malpractice)
- Palm Springs General Hospital, Inc. v. Perez, 661 So.2d 1222 (Fla. 3d DCA 1995) (negligence not arising from medical treatment)
- Liles v. P.I.A. Medfield, Inc., 681 So.2d 711 (Fla. 2d DCA 1995) (general negligence where no medical skill/judgment involved)