EMAIL TO A FRIEND COMMENT

 

Claim by Psychiatric Patient Against Facility Alleging Failure to Protect from Attack by Another Patient Is Ordinary Negligence


A claim against a psychiatric facility by a patient who was attacked by another patient alleging negligent failure to protect the plaintiff and to provide adequate supervision and security did not sound in medical malpractice, but instead in ordinary negligence. Thus, the patient's suit was not barred by the failure to comply with the medical malpractice pre-suit requirements or the two-year statute of limitations for medical malpractice actions. See: Joseph v. University Behavioral LLC, 71 So.3d 913, 36 Fla. L. Weekly D2224 (Fla.App. 5 Dist. Oct 07, 2011)

 

 

REPRINTS & PERMISSIONS COMMENT