Legal Aspects Of Health Care Administration 11th Edition by George Pozgar

Exercise 15

Facts
The facts of this case reveal that the hospital on or about April 17, 1989, was requested by its medical staff to arrange transportation for the patient, diagnosed with acquired immunodeficiency syndrome (AIDS), to another treatment facility in Alabama. The social services department, unable to arrange ambulance transport, asked the patient's brother to provide the transportation. J.B., having visited his brother at the hospital when he was first admitted, was under the impression that his brother's diagnosis was Lyme disease. He had not been notified that there was a change in diagnosis. The patient was released to his brother from the hospital with excessive fever and a heparin lock in his arm. During the trip, J.B.'s brother began to thrash about and accidentally dislodged the dressing to his heparin lock, causing J.B. to reach over while driving in an attempt to prevent the lock from coming out of his brother's arm. In doing so, J.B. came in contact with fluid around the lock site. J.B.'s hand had multiple nicks and cuts as a result of a recent fishing trip. [ Id. at 947]
The complaint, which was filed after the 2-year statute of limitation had tolled, alleged that the hospital was negligent in arranging for J.B. to transport his brother in that it knew of the patient's condition, the level of care that would be required in transporting him, and the risk involved. J.B. alleged that because he contracted the AIDS virus, his wife was exposed to it through him and his children have suffered a loss of relationship with him.
The Florida District Court ruled that J.B.'s complaint stated a claim for medical malpractice and was thus subject to the presuit notice and screening procedures set out in Florida statutes. Because J.B. did not follow those procedures, the court dismissed the complaint. On appeal, the Florida Circuit Court declined to rule on J.B.'s claim, concluding that the issues were appropriate for resolution by the Florida Supreme Court.
Issue
Was the claim of the patient's brother a claim for medical malpractice and therefore subject to a 2-year statute of limitations?
Holding
The Florida Supreme Court answered that the claim was not a claim for medical malpractice for purposes of the 2-year statute of limitations or presuit notice and screening requirements.
Reason
Florida Statutes set a 2-year limitation period for medical malpractice actions. J.B.'s injury arose solely through the hospital's use of him as a transporter. Accordingly, this suit is not a medical malpractice action, and the 2-year statute of limitations is inapplicable. According to the allegations in J.B.'s complaint, the hospital was negligent in using J.B. as a transporter. The complaint does not allege that the hospital was negligent in any way in the rendering of, or the failure to render, medical care or services to J.B.
Were the transfer arrangements for the patient appropriate?