HILDA GARCIA AS GUARDIAN OF JOSE QUILES, APPELLANT,
v.
PSYCHIATRIC INSTITUTES OF AMERICA, INC., ETC., ET AL., APPELLEES
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Court reversed summary judgment for physician, holding that claims for false imprisonment and battery arising in a medical setting are subject to the four-year tort statute of limitations, not the two-year medical malpractice limitations period.
Claims for false imprisonment and battery arising in a medical setting are governed by the four-year statute of limitations for independent tort actions, not the two-year medical malpractice statute of limitations.
[1] False imprisonment and battery claims arising in a medical context are subject to the four-year general tort statute of limitations rather than the two-year medical malpr…
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Join FLexlaw to unlock all legal intelligenceGarcia brought her 13-year-old son Jose to Laurel Oaks Hospital for weekend testing but was prevented from retrieving him, allegedly threatened with i…
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PER CURIAM.
Hilda Garcia, as next of kin of her son, Jose Quiles, appeals the summary final judgment in favor of Carol Bloomquist, M.D., a doctor employed at Laurel Oaks Hospital. Garcia argues the court erred in the finding that the case was governed by the two year medical malpractice statute of limitations1 instead of the four year statute of limitations applying to independent tort actions.2 We agree and reverse.
Garcia alleged that she initially only agreed to allow her 13-year-old son to spend the weekend at Laurel Oaks Hospital for testing and that it was understood she was to pick him up on Monday. Garcia was thwarted at every turn in her attempt to regain his freedom thereafter, even allegedly being threatened with his involuntary commitment into a lesser quality county facility if she pursued his release. Further, drugs were administered to Jose while he was under Bloomquist’s care, directly contrary to Garcia’s express written directions. Even though arising in a medical setting, the conduct alleged, if proven, constitutes the torts of false imprisonment and battery and thus is subject to the four year statute of limitations.
REVERSED and REMANDED.
HARRIS, C.J., and COBB and GOSHORN, JJ., concur. . § 95.11(4)(b), Fla.Stat. (1991).
. § 95.11(3)(o), Fla.Stat. (1991).
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Cheree M. Robinson v. W. Fla. Reg'l Med. Ctr., 675 So. 2d 226 (Fla. 1st DCA 1996)…esolved in favor of the claimant.” J.B. v. Sacred Heart Hospital, 635 So. 2d 945 (Fla. 1994). That conduct occurs in a medical setting does not necessarily mean it involves medical malpractice. See, e.g., Garcia v. Psychiatric Institutes of America, 638 So. 2d 567 (Fla. 5th DCA 1994). While it may be possible for appellee to show, with further development of the record, by way of proof of its affirmative defense, that any wrongful conduct on its part did arise from medical diagnosis, treatment or care, the un…
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Hart v. Health Mgmt. Assocs., 697 So. 2d 234 (Fla. 5th DCA 1997)…th DCA 1996), we reverse the order of dismissal. See also Robbins v. Orlando, H.M.A., Inc., 683 So. 2d 664 (Fla. 5th DCA 1996); Liles v. P.I.A. Medfield, Inc., 681 So. 2d 711 (Fla. 2d DCA 1995); and Garcia v. Psychiatric Institutes of America, Inc., 638 So. 2d 567 (Fla. 5th DCA 1994). ORDER REVERSED; REMANDED FOR FURTHER PROCEEDINGS. COBB and GOSHORN, JJ., concur.…
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