Fla. Panel Finds Rehab Center Owed Duty To Released Patient

A Florida state appellate court on Wednesday ruled that a Miami substance abuse treatment facility owed a duty of care to an involuntarily committed patient who was discharged for rule violations and later died of an overdose, finding how he was released went against regulations.

Writing the opinion for Florida's Third District Court of Appeal, Judge Kevin Emas said that The Village South Inc. discharged patient Anthony Burley to a homeless shelter with no "link or transfer" to an outpatient or residential substance provider despite its own clinical team recommending that he continue treatment. The judge further explained that whether Village South breached its duty is an issue for a factfinder to decide.

The opinion reverses a summary judgment ruling in favor of Village South and remands the case back to the lower court for further proceedings.

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

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

Burley's parents alleged their son was forced into detoxification treatment after he overdosed on heroin laced with fentanyl in August 2016. Burley was then transferred to Village South the following October. Later that month, he tested positive for cocaine that was provided to him by a roommate and was discharged for breaking the facility's rules in November of the same year, according to the lawsuit. He was given a two-week supply of suboxone, which is used to reduce opioid withdrawal symptoms.

The parents alleged in their suit that Village South was required to arrange a doctor's appointment for their son within one month of discharge, due to the suboxone supply he was given, but "no such plans, arrangements, or help were given to Anthony." The day after Christmas in 2016, Anthony Burley died from acute combined drug toxicity at 30 years old, court records show.

Summary judgment was granted in favor of Village South in January 2023, with the lower court judge writing in his order 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, or as if the case were being heard for the first time, and found Burley was owed a legal duty.

Judge Emas said that Burley's parents presented evidence that Village South should have referred their son to an outpatient program. The judge found a duty by Village South arising "from legislative enactments or administrative regulations" and from 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 said. "Whether Village South breached these duties, and whether such breach proximately caused the decedent's death, are issues for the finder of fact, and we express no opinion on those issues."

Counsel representing the parties did not immediately respond to emailed requests for comment on Wednesday.

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

Burley is represented by Daniel M. Samson of Samson Appellate Law and Justin Shapiro of Leesfield & Partners PA.

The Village South is represented by Forrest L. Andrews Jr. of Lydecker LLP.

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

Read more at: https://www.law360.com/florida/articles/2320173?nl_pk=a2f1d3c5-8398-4849-ac51-b81358d0f333&read_main=1&nlsidx=0&nlaidx=0?copied=1