But not every contractual relationship gives rise to this duty of care. And not every irresponsible action gives rise to a wrongful death claim. A recent Florida appeals court decision illustrates this principle.

Florida Court Says Bank Not Responsible for Customer’s Suicide

This case involves a tragic suicide. The victim suffered from a number of “mental and physical impairments,” which, among other things, made him unable to “process complex information.” The victim was especially sensitive to “negative financial information.”

Shortly before his death, the victim and his wife attempted to secure a loan from a local bank. The victim’s family asked the bank not to directly contact him regarding the loan, except for routine matters like requesting documents. A bank manager agreed to these terms, but an employee subsequently notified the victim by letter his loan had been denied. After the family complained, the manager reiterated to his employee not to contact the victim.

However, the employee continued to disregard instructions and again informed the victim, this time in person. After leaving the bank, the victim committed suicide. His wife, acting as executor of her husband’s estate and as next-of-kin, filed a wrongful death lawsuit against the bank.

A trial court dismissed the case, and on appeal the Florida Fourth District Court of Appeal affirmed. The appeals court noted under Florida law, “Generally no liability exists for another’s suicide in the absence of a specific duty of care.” The primary exception to this rule is when a psychological institution assumes responsibility for a patient. There may also be a cause of action under Florida law against a psychiatrist when a patient under his or her care commits suicide.

Obviously, these exceptions did not apply to this case. And as the Court of Appeal noted, the bank “did not assume a specific duty of care to prevent the decedent from committing suicide.” Nor could the bank assume such a duty because the deceased was never under its “custody or control.” So even if the bank was irresponsible in ignoring the family’s wishes not to communicate with the victim, it cannot be held legally responsible for his suicide.

Need Advice on a Wrongful Death Claim?

It is always terrible when a family loses a loved one. It is only natural to want to hold someone responsible. If you have reason to believe another person or persons’ negligence led to your family member’s death, you should consult with an experienced Clearwater wrongful death attorney as soon as possible. While an attorney cannot make any guarantees, he can provide you with impartial advice on the best way to proceed with your case. Contact the Law Office of Paul B. Genet, P.A., today if you would like to speak with an attorney today.

Birth injuries are injuries the baby suffers because of complications during labor and delivery. The list of things that went wrong in the Brenner’s case is not exclusive. These injuries commonly include:

• Bruising or denting of the infant’s skull from forceps, if they are used without proper care to assist in the delivery
• Facial paralysis, caused by pressure to the baby’s face during labor or birth
• Brachial palsy, caused by injury to the arms and hands, which might result in permanent nerve damage requiring surgery and physical therapy
• Brain injury, if the baby is deprived of oxygen for a prolonged period of time, often resulting in seizures, cerebral palsy or mental impairment

Medical error is a common cause of birth injuries.  Errors include failing to respond promptly to various complications such as:

• Excessive bleeding
• The baby being tangled in the umbilical cord
• Not responding to fetal distress in a timely manner
• Failing to anticipate complications, especially if the mother experienced problems in previous births or where the baby is unusually large

Medical error can also occur after the birth, if for example medical personnel fail to stem an infection in time. Whenever the error occurs, these are complex and emotional cases. If you have a child that you suspect sustained avoidable birth injuries, then hiring an attorney can help you recover the money owed to you to care for your child in the long term.

Doctors claimed that “complications of tonsillitis” killed Carly, but her parents have now filed a medical malpractice suit claiming negligence. The Tampa Bay Times reports that six minutes after the ear-nose-throat specialist started removing Carly’s tonsil, “bloody froth came up the breathing tube”, which should have been a “medical red light” but the doctor didn’t stop. Three hours later, Carly Jane Liptak died.

The facts of Carly Jane Liptak’s case seem to indicate a surgical error, in that the doctor did not stopping operating even after abnormal warning signs occurred. Some other signs of medical malpractice may include the following:

• Misdiagnosis and delayed diagnosis. Some of the more common misdiagnoses include failing to diagnose cancer, not accurately diagnosing an impending heart attack, and failing to diagnose appendicitis. A delay in diagnosis could lead to undue injury to the patient if the illness or injury is allowed to progress rather than being treated at an earlier stage. A classic example is not catching cancer at an early stage.
• Prescribing the wrong medication. The doctor is responsible for ensuring that the medicine he or she is prescribing will not only help your condition, but also won’t harm you in other ways.
• Delegating work to unqualified or inexperienced personnel. Hospitals have a duty to take reasonable care in running the hospital and caring for their patients, including hiring enough competent staff.
• Failure to obtain patient’s informed consent. A doctor is supposed to inform you of your condition, the nature of the proposed treatment, the risks of treatment, and alternative options, if any.

All health care practitioners, including doctors, nurses and hospitals have a legal duty to provide you with proper medical care.  If they fail to give the proper care, you can sue them for medical malpractice. Health care providers are negligent if they do not give you the standard of medical care that a reasonable provider would give you in similar circumstances.  If such negligence causes your injuries or illness, the provider may be liable to you.

This incident, however, is not unique.   According to the U.S. Coast Guard, as many as one-third of all fatal boating accidents involve alcohol.

Why is boating while under the influence of alcohol so dangerous?

The effects of alcohol on the body lead to a decreased awareness, slower reaction time, loss of balance and coordination, and impaired judgment.   All of these are known dangers on a road, and they are no less dangerous in the water.

The Coast Guard notes that water adds to the impairment of alcohol in a number of ways:

First, the Coast Guard notes that the boating experience involves a number of subconscious stressors such as the rocking of the boat, the engine noise and vibration, the sun, wind and spray.  Once the impairment of alcohol sets in these stressors exacerbate its effects.

Additionally, many people boat recreationally, and thus have an attitude of relaxation that leads to carelessness about their surroundings.

Third, most boaters are not as experienced on the boat as they are in their vehicles, and therefore do not handle the sudden appearance of another boat, debris or navigational buoy with the same control as they would handle a motor vehicle.

Fourth, the effects of alcohol can lead to drowning or hypothermia when a passenger is thrown overboard. Alcohol can make it difficult for an individual to orient to the surface of the water, and the warm feeling that the ingestion of alcohol provides may hide the dangers of hypothermia until it is too late.

Florida leads the country in boating fatalities. While boating can and should be a fun recreational activity, it is important to do so safely, without alcohol, to avoid an accident at sea.