Florida Court Rules on Duty of Care in Substance Abuse Treatment Case

A Florida state appellate court recently ruled that a Miami substance abuse treatment facility had a duty of care towards an involuntarily committed patient who died of an overdose after being discharged. The court found that the way the facility handled his release was not in compliance with regulations.

Court Findings on Duty of Care

Writing the opinion for Florida's Third District Court of Appeal, Judge Kevin Emas stated that The Village South Inc. discharged patient Anthony Burley to a homeless shelter. This was done without any "link or transfer" to an outpatient or residential substance provider. This was despite the facility’s own clinical team recommending that he continue his treatment. Judge Emas said that whether Village South breached its duty is something for a factfinder to resolve.

The opinion reversed a summary judgment ruling that favored Village South and sent the case back to the lower court for further action.

"We hold that Village South owed a legal duty to the Decedent, arising from legislative enactments or administrative regulations, as well as from the general facts of the case," Judge Emas stated. "We further hold that there are disputed issues of material fact, precluding summary judgment."

Background of the Case

In 2018, Burley's parents sued the not-for-profit Village South in Miami-Dade County civil court. In their complaint, they alleged wrongful death against Village South and argued that the facility breached its fiduciary duty to their son. Burley had been brought to the facility under Florida's Marchman Act, which allows involuntary commitment of individuals suffering from substance abuse.

Burley's parents claimed their son was forced into detoxification treatment after he overdosed on heroin laced with fentanyl in August 2016. He was then transferred to Village South the following October. Later that month, he tested positive for cocaine supplied by a roommate and was subsequently discharged for breaking the facility's rules in November. He was given a two-week supply of suboxone to help with opioid withdrawal symptoms.

The parents stated that Village South failed to arrange a doctor's appointment for their son within a month of discharge, as required due to the suboxone prescription. Tragically, "no such plans, arrangements, or help were given to Anthony." On December 26, 2016, Anthony Burley died from acute combined drug toxicity at the age of 30, according to court records.

Summary Judgment and Appeal

A summary judgment was granted in favor of Village South in January 2023. The lower court judge noted that the facility’s actions "did not create the foreseeable zone of risk that resulted in Burley's death."

The Third DCA reviewed the appeal de novo, treating the case as if it were being heard for the first time, and concluded that Burley was owed a legal duty.

Judge Emas also pointed out that Burley's parents provided evidence that Village South should have referred their son to an outpatient program. His findings indicated a duty existed based on "legislative enactments or administrative regulations" and the "general facts of the case."

"The estate also presented sufficient evidence to support a determination that Village South owed a duty to the decedent — under the general facts of the case — to manage the decedent's suboxone prescription properly," Judge Emas remarked. "Whether Village South breached these duties, and whether such breach proximately caused the decedent's death, are matters for the finder of fact, and we express no opinion on those questions."

Implications of the Ruling

This ruling is significant as it emphasizes the responsibility of treatment facilities to ensure a safe transition for patients leaving their care. The court's decision highlights the importance of adhering to regulations and providing follow-up care, especially when patients have complex needs related to substance use.

Counsel for both parties did not immediately respond to requests for comment on Wednesday.

Judges Kevin Emas, Bronwyn C. Miller, and Edwin A. Scales III sat on the Third DCA panel.

Burley is represented by Daniel M. Samson of Samson Appellate Law and Justin Shapiro of Leesfield & Partners PA. The Village South is defended by Forrest L. Andrews Jr. of Lydecker LLP.

The case is titled Robert C. Burley v. The Village South Inc., case number 2023-0258, in Florida's Third District Court of Appeal.

For further details, you can read more at the original article.

The outcome of this case serves as a reminder for the treatment facilities regarding their legal responsibilities and offers guidance on the essential care they must provide to individuals undergoing treatment. It reinforces the necessity of proper discharge planning and follow-up procedures to safeguard against tragic outcomes like Burley’s.