Is a Florida Drug Treatment Center Liable for a Discharged Patient’s Overdose Death?
Many South Florida residents struggle with drug and alcohol addiction. Indeed, some cases of addiction are so severe that a person can be involuntarily committed to a treatment facility under Florida’s Marchman Act. The Act imposes certain regulatory requirements on treatment centers to ensure that they provide people struggling with severe drug or alcohol dependency with access to appropriate care even after they receive a discharge.
Florida Appeals Court Allows Wrongful Death Case to Proceed
A Florida appeals court recently addressed a wrongful death case arising from a situation where a treatment center discharged a Marchman Act patient who later died from a drug overdose. The victim in this case, Burley v. The Village South, Inc., was a 30-year-old man who had a long history of addiction. His third overdose led to a Marchman Act proceeding that resulted in his involuntary commitment to a treatment center.
After completing a detoxification program, the victim was transferred to the care of the defendant’s facility. The defendant subsequently discharged the victim, however, after he was found using cocaine in violation of the facility’s rules. The defendant provided the victim with a two-week supply of Suboxone, a medication used to treat the symptoms of drug withdrawal, and discharged him to a homeless shelter. Forty-eight days later, the victim died of a drug overdose.
The victim’s estate subsequently filed a wrongful death lawsuit against the defendant, alleging it violated the duty owed the victim under Florida law. Specifically, the lawsuit alleged violations of statutory duties under the Marchman Act to provide the victim with “continued substance abuse treatment” and post-discharge monitoring. The defense moved to dismiss the case at the summary judgment stage, arguing it had no “legal duty” to prevent the victim’s overdose death.
Although a trial court granted the motion for summary judgment, the Florida Third District Court of Appeals reversed and held the estate’s case could proceed to trial. As the appellate court explained, medical facilities generally do not have a duty to keep an eye on their patients following a discharge. But in cases involving patients involuntarily committed for substance abuse treatment under the Marchman Act, the Third District said the statute imposed a duty on facilities to provide “more appropriate services in a setting more responsive to his or her needs,” if said patient is discharged due to their behavior, as the victim was here. The estate’s position was that the defendant simply dumped the victim in a homeless shelter without any attempt to provide out-patient or follow-up care for his drug addiction. Without deciding the merits, the appeals court said the estate could present that argument to a jury at trial.
Contact a Miami Wrongful Death Lawyer Today
If you have lost a family member due to the negligent act of a health care professional, you may have legal grounds for seeking financial compensation. Our Miami wrongful death lawyers are happy to review your case and advise you of your options. Contact Pita Weber Del Prado today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=13090150219728908098
