CASES-Civil

Torts -- Medical negligence -- No error in dismissing with prejudice an amended complaint seeking damages for “medical abuse and neglect resulting in wrongful death” under Adult Protective Services Act filed by personal representative and relatives of decedent who entered hospital for transplant surgery, was allegedly improperly intubated post-surgery resulting in profound encephalopathy and persistent vegetative state, and whose life support was terminated by family 79 days thereafter -- Claim arising from medical negligence cannot be prosecuted under Act -- To state cause of action under section 415.1111, a complaint must set forth allegations which demonstrate that plaintiff or plaintiff's decedent was a “vulnerable adult,” that the defendant was a “caregiver” as defined by section 415.102(4), and that the defendant committed “abuse,” “neglect,” or “exploitation,” as defined by section 415.102 -- Allegations of amended complaint, which were for the most part mere conclusions tracking language of statutory
definitions, unsupported by facts, were legally insufficient -- Court rejects defendants' argument that an acute care hospital cannot be held liable under chapter 415     33 Fla. L. Weekly D1491a
 

 

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