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Blom v. Adventist Health System/Sunbelt9/23/2005
this "fact-dependent" matter appears to have been based on an adherence to the essential requirements of law, we see no basis for granting the petition.
Ms. Blom relies heavily on this court's opinion in Foshee in support of her position. Foshee, however, is factually quite different from the present case, an important consideration where the result is "fact-dependent." There, according to the complaint, the plaintiff, who had been suffering from headaches, consulted her physician who directed her to a local hospital. Before she arrived at the hospital, the physician redirected her to University Behavioral Center. She was told to meet a doctor there, but was not informed that he was a psychiatrist or that the Center was a psychiatric facility. When she arrived, she was advised that she could not see the doctor until she was formally admitted. She was given the choice of signing a voluntary admission form or being involuntarily detained under the Baker Act. When she refused voluntary admission, she was physically prevented from leaving. No physician examined her or consulted with her prior to her admission. She was detained for two days and was released only after she refused to sign forms to have her insurance pay the Center. Under the facts of that case, and given the utter disregard of the procedures set forth in the Baker Act, we properly held there that " hese allegations of false imprisonment do not allege any kind of medical malpractice under section 766, Florida Statutes, but do allege an intentional tort."
In the present case, however, the complaint essentially asserts that the physician was wrong in initiating the detention in connection with his responsibilities under the Baker Act. That is to say, the claim is that the physician was wrong in his diagnosis. Thus, the allegations of the complaint arise out of the rendition of medical care by licensed health care providers and are subject to the professional standards of care described in Chapter 766. See Doe v. HCA Health Servs. of Fla., Inc., 640 So. 2d 1177 (Fla. 2d DCA 1994). Indeed, the complaint specifically says that Dr. Lonsdorfer "acting in the course and scope of his position as an emergency room physician at Celebration Health, involuntarily committed Plaintiff," in violation of the Baker Act. We agree with the trial court that the medical malpractice pre-suit procedures must under these facts be followed. Whether the appellees are liable to Ms. Blom will be determined by whether they are liable under the medical negligence standard set forth in Chapter 766, Florida Statutes.
PETITIONS DENIED.
THOMPSON and ORFINGER, JJ., concur.
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