Florida Supreme Court rules medical malpractice lawsuit can proceed

The Florida Supreme Court ruled that a Florida man can pursue his medical malpractice lawsuit against his deceased wife’s primary care physician for her suicide in 2008.

The justices ruled unanimously that the case should go to trial, upholding a ruling by the Second District Court of Appeal in 2014, which reversed the decision of the First District Court of Appeals granting summary judgment to the physician.

Justice Patty Quince said in writing the opinion of the court that the duty to prevent inpatient suicide did not apply to the case, but there was still a statutory duty to treat the patient in accordance with the standard of care.

According to the lawsuit, Jacqueline Granicz had been prescribed an antidepressant but had stopped taking it. The day before she died, Granicz called her physician’s office to report that she had stopped taking the medication due to side effects, and that she had not “felt right,” the lawsuit claims. According to court documents, the doctor prescribed a different antidepressant and said Granicz could pick up a sample of the prescription at the office. Granicz did pick the items up, but committed suicide the following day.

The Florida Supreme Court ruled that because Granicz was an outpatient, there was no duty to prevent her suicide, but the nonexistence of that specific duty does not mean the doctor owed the patient no duty. The Court said that the statutory duty to treat the patient in accordance with a standard of care applied, and the foreseeability of Granicz’s suicide was a matter of fact to be decided by the jury.

Florida family files wrongful death lawsuit against restaurant

A wrongful death lawsuit has been filed by a Florida family against a restaurant where they say their family member ate before dying of salmonella poisoning.

Gary Kidwell, 39, died at Boca Regional Hospital on Feb. 12, 2015, after becoming sick in the fall of 2014. The family said that cultures were performed at the hospital indicated that Kidwell was suffering from a salmonella infection.

Soon after Kidwell was admitted to the hospital in 2014, his sister reported to the Palm Beach County Health Department that Kidwell had recently eaten at a Boston Market restaurant near Boynton Beach, prompting an investigation.

During the investigation of the restaurant, health inspectors found nine violations, including two involving hand washing violations. Investigators witnessed one worker fail to wash his hands and saw a sink designated as a hand-washing sink was used as a “dump sink” instead. Restaurant workers failing to wash their hands is one of the main ways salmonella is spread.

A spokesman for Boston Market said that there is no proof linking Kidwell’s illness to the restaurant.

Kidwell underwent multiple surgeries after developing salmonella sepsis. Salmonella poisoning does not usually result in death. The lawsuit seeks damages in an unspecified amount for Kidwell’s three daughters.