Wrongful Death at a Florida Residential Treatment Facility
When a family places a loved one in a residential treatment facility, they expect the patient to be closely monitored and safe. For one Florida family, that trust was completely broken.
Our firm represented the parents of a young adult who passed away while in the care of a residential treatment facility in Florida. The family had entrusted the facility, its related operating entities, and an on-site security provider with the safety of the patient. Instead, compounding failures led to a preventable tragedy.
After more than a year of intense litigation, our firm secured a $9,040,000 confidential settlement on behalf of the surviving parents and the Estate.
Details of the Case: Wrongful Death at A Residential Treatment Facility
The patient was in residence at a Florida treatment facility responsible for constant supervision. Unfortunately, on this day that care was substandard and a patient passed away while under their care.
The parents hired our firm to investigate the tragedy and pursue a wrongful death claim. Through our investigation, we uncovered a clear pattern of negligence based on three main issues. First, the facility was heavily understaffed and lacked the personnel to safely monitor patients. Second, the staff failed to follow required observation protocols. Finally, we discovered severe documentation irregularities. The observation records for the day of the incident showed signs of alteration, and critical records from the days leading up to the tragedy were missing entirely.
Fighting For A Wrongful Death Settlement Against Aggressive Defense Tactics
The defense tried to fight liability at every turn. They used various legal tactics to block the case, but our legal team pushed back against each hurdle.
- Overcoming Discovery Roadblocks: The defense tried to get a protective order to stop us from inspecting the facility’s surveillance and electronic observation systems. We fought these motions in court hearings and successfully obtained the critical evidence.
- Exposing Altered Logs: When we faced altered logs and missing files, we pushed for the underlying root cause analysis and incident reports. This allowed us to argue that the defendants had intentionally withheld or altered evidence.
- Defeating Summary Judgment Motions: To get the case dismissed before it could reach a jury, each major defendant filed separate motions for summary judgment. Our firm filed comprehensive responses opposing every single motion, keeping the case alive.
- Dismantling Regulatory Excuses: The defense tried to hide behind their state license, arguing that their operations met basic state regulations. We gathered clear evidence proving that the actual standard of care was dangerously breached, regardless of their license.
- Handling Corporate Blame-Shifting: The defendants included the facility, property-holding entities, and a security provider. They all tried to point fingers at each other. We coordinated the litigation to make sure every responsible party was held accountable.
A Good Outcome In A Tragic Situation
Losing a child is a lifelong tragedy. Under Florida’s Wrongful Death Act, we pursued damages for the profound mental pain and suffering endured by the parents, alongside economic losses for the Estate.
The defense initially refused an opportunity to settle the case for the available insurance policy limits. They chose to drag the family through more than a year of depositions and endless motions.
However, as the multi-week trial date approached, the defense finally came to the table. We resolved the claims against the security provider and one related entity first. We then finalized the settlement with the remaining defendants on the eve of trial, right on the day a major defense motion was scheduled for argument.
The firm recovered a total of $9,040,000 for the family, ensuring the responsible entities were held financially accountable for their negligence.
Disclaimer: Nothing in this article is meant to be a guarantee of results. Past case results do not guarantee future case results. Each case is unique. The information in this article has been gathered from various sources on Google. Thus, we cannot guarantee there are no inaccuracies herein. We can and will correct or remove this post upon request. You can email us at Info@SpetsasBuist.com. Finally, the information contained in this article is not meant to be legal advice in any way. If you have legal questions, you should contact an attorney.