Medical malpractice claims constitute a significant number of the negligence actions filed in Florida state courts. The types of lawsuits are complex in nature and may invoke statutory provisions that govern the rights and obligations of parties involved. Because Florida statute tightly regulates medical malpractice claims, statutory definitions are critical, and as the case below illustrates, such definitions may determine whether plaintiffs can move forward with their claims.
In Townes v. National Deaf Academy, LLC, a patient in a residential treatment facility required a leg amputation after she was put in a disciplinary hold by a care provider at the facility. The place in question operated as both a residential treatment facility and a school for autistic, hard of hearing, or deaf individuals who possess behavioral and psychiatric conditions. The facility staff consists of nurses, therapists, and psychiatrists who provide medical and educational services. The patient in question suffered from multiple mental disabilities, such as post-traumatic stress disorder (PTSD), bipolar disorder, and impulse control disorder. As part of the patient’s care plan, staff members implemented Therapeutic Aggression Control Techniques where they restrained her physically after senior employees made a determination that such techniques were warranted after the patient experienced a behavioral episode. Continue reading →