THE ESTATE OF PHILIP J. DOYLE, BY AND THROUGH DOROTHY DOYLE, PERSONAL REPRESENTATIVE, APPELLANT,
v.
MARINER HEALTHCARE OF NASHVILLE, INC.; MARINER POST-ACUTE NETWORK, INC.; AND MARINER HEALTH GROUP, INC. (AS TO MARINER HEALTH OF CLEARWATER), APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Estate of Philip J. Doyle appealed a jury verdict in a wrongful death and nursing home residents' rights case against Mariner Healthcare. The central issue was whether a residents' rights claim under Florida law requires proof that the alleged rights violation caused the resident's death. The court affirmed the judgment and sided with the Fourth District's interpretation that such a causal nexus is required.
The court held that under the pre-amendment version of § 400.023(1) in effect when the Estate's cause of action accrued, a personal representative may bring a residents' rights claim only when the infringement of rights caused the resident's death. The trial court's jury instruction requiring proof of causation was therefore proper and not erroneous.
[1] A personal representative may bring a nursing home residents' rights claim on behalf of a deceased resident only when the deprivation or infringement of the resident's ri…
[2] The pre-amendment language of section 400.023(1), Florida Statutes, is unambiguous in requiring that the cause of death resulted from the deprivation or infringement of a…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a personal representative may bring suit on behalf of a deceased resident of a nursing home for alleged infringement of the resident's rights only when the infringement has caused the resident's death”
The court's statement of the governing legal standard under the pre-amendment statute, adopted from Knowles
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePhilip J. Doyle was a resident at a Mariner Healthcare nursing facility. Following his death, his Estate filed suit against Mariner entities for negli…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Legal Causation cases and more on FLexlaw
SILBERMAN, Judge.
The Estate of Philip J. Doyle appeals a final judgment entered against it following a jury trial on its claims against the appel-lees, Mariner Healthcare of Nashville, Inc., Mariner Posh-Acute Network, Inc., and Mariner Health Group, Inc. Mr. Doyle had been a nursing home resident at a Mariner facility. Following his death, the Estate filed suit for negligence, wrongful death, and deprivation or infringement of his statutory rights as a nursing home resident. The residents’ rights claim was brought pursuant to chapter 400, Florida Statutes (1999).
The Estate argues, among other things, that the trial court erroneously instructed the jury that for the Estate to recover on its residents’ rights claim, the alleged violation of Mr. Doyle’s rights had to be a legal cause of his death. Although the instruction was consistent with the statutory language then in effect1 and the decision in Beverly Enterprises-Florida, Inc. v. Knowles, 766 So. 2d 385 (Fla. 4th DCA 2000), the Estate argues that the trial court should have given an instruction that did not require a causal link between the deprivation of rights and Mr. Doyle’s death. In support, the Estate cites to the recent decision of Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004).
In Knowles, the Fourth District Court of Appeal concluded that section 400.023(1) unambiguously provides that a personal representative could bring a residents’ rights claim on behalf of a deceased nursing home resident “only when the deprivation or infringement of the resident’s rights caused the patient’s death.” 766 So. 2d at 336. In Youngblood, the Fifth District Court of Appeal disagreed with Knowles and determined that section 400.023(1) was ambiguous. 874 So. 2d at 603-05. The court noted that the statute had been amended in 2001 to allow a claim to be brought regardless of the cause of death, and the court stated that the more recent version of the statute “should be employed to determine the true Legislative intent as to the meaning of this older, ambiguous version of the statute.” Id. at 605. The court discussed public policy considerations and concluded that notwithstanding the language of the earlier, applicable version of the statute, a personal representative should be permitted to bring a residents’ rights claim even if the alleged deprivations or infringements of those rights did not cause death. Id. at 603-05.
We disagree with Youngblood and agree with the Fourth District’s analysis in Knowles and its conclusion that the pre-amendment language of section 400.023(1) is unambiguous. Further, we agree that under that version of the statute, “a personal representative may bring suit on behalf of a deceased resident of a nursing home for alleged infringement of the resident’s rights only when the infringement has caused the resident’s death.” Knowles, 766 So. 2d at 337. Because the pre-amendment version of the statute was in effect at the time the Estate’s cause of action accrued, it is applicable to this case. See Cenatus v. Naples Cmty. Hosp., Inc., 689 So. 2d 302, 304 (Fla. 2d DCA 1997); Bevan v. Bean, 661 So. 2d 1251, 1252 (Fla. 2d DCA 1995). Accordingly, we conclude that the trial court did not err in instructing the jury.
Regarding the other issues argued by the Estate, we affirm without discussion. Therefore, we affirm the final judgment and certify conflict with Youngblood.
Affirmed; conflict certified.
FULMER and VILLANTI, JJ., Concur. . Section 400.023(1), Florida Statutes (1999), provides:
The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident when the cause of death resulted from the deprivation or infringement of the decedent’s rights.
(Emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)…s only when the deprivation or infringement of the resident’s rights caused the patient’s death.” Beverly Enterprises-Florida, Inc. v. Knowles, 766 So. 2d 335, 336 (Fla. 4th DCA 2000); accord Estate of Doyle v. Mariner Healthcare of Nashville, Inc., 889 So. 2d 829, 830 (Fla. 2d DCA 2004) (agreeing that statute “is unambiguous” and adopting Fourth District’s analysis of effect of statute); contra Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596, 604-05, 606 (Fla. 5th DCA 2004) (holding…
-
Tampa Med. Assocs., Inc. v. The Est. OF John Park Craig, 915 So. 2d 660 (Fla. 2d DCA 2005)…permit a cause of action regardless of a nexus to the cause of death. The amended statute is applicable to causes of action accruing on or after May 15, 2001. Ch.2001-45, § 4, at 221, Laws of Fla.; see also Doyle v. Mariner Healthcare of Nashville, 889 So. 2d 829 (Fla. 2d DCA 2004).…
-
Est. OF Clara B. Jones v. Mariner Health Care OF Deland, Inc., 955 So. 2d 43 (Fla. 5th DCA 2007)…sented to the courts in those cases are not similar or analogous to the facts in the instant case. See Knowles; Tampa Med. Assocs., Inc. v. Estate of Craig, 915 So. 2d 660 (Fla. 2d DCA 2005); Estate of Doyle v. Mariner Healthcare of Nashville, Inc., 889 So. 2d 829 (Fla. 2d DCA 2004); Estate of Vazquez v. Avante Groups, Inc., 880 So. 2d 723 (Fla. 5th DCA 2004); Estate of Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004) (originally filed by guardian of the resident, but in the i…
Authorities Cited
- Leonne Cenatus v. Naples Cmty. Hosp., Inc., 689 So. 2d 302 (Fla. 2d DCA 1997)
- Williams v. State, 874 So. 2d 596 (Fla. 5th DCA 2004)
- Est. OF Gertie Mae Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004)
- Bevan v. Bean, 661 So. 2d 1251 (Fla. 2d DCA 1995)
- Phitides v. Phitides, 766 So. 2d 385 (Fla. 1st DCA 2000)