Florida Injury Lawyer Blog

When students in mental distress at universities harm themselves or others, who is liable? What can and should universities do about students in mental distress? These questions have been in the spotlight ever since the shootings at Virginia Tech earlier this year, but the problem has been around much longer than that.

Since the Virginia Tech killer Seung-Hui Cho had a well-documented and reported history of mental disturbance – a history that many now claim was dismissed by authorities – many are questioning whether the university could have done more to prevent the tragedy that eventually occurred at the school. Some have argued that universities tend to either ignore threats or overreact to them.

Some schools have faced wrongful death lawsuits filed by parents who have lost a child because of another student’s disturbed mental state. In response, some of these colleges and universities have implemented policies that automatically suspend those who seek psychiatric help. Some of the students suspended in this manner have successfully sued under the Americans with Disabilities Act or have sought action with the Department of Education's Office of Civil Rights. The balance between school liability, student safety, and human rights seems particularly sticky in these situations.

Although the Virginia Tech situation is utmost on everyone’s minds, it is far from the only case involving wrongful death suits and other sticky legal cases on college campuses. Another high-profile case involved Elizabeth Shin, a student at MIT. In April 2000, the woman set herself on fire in her dorm and succumbed to her burn injuries. It was the student’s second suicide attempt and reports indicated that Shin had told a dorm supervisor and two students about her suicide intentions. Her parents filed a $27-million wrongful death lawsuit in 2002, arguing that the school and various faculty were liable as they knew about Shin’s intentions but did not take adequate steps to prevent the tragedy.

According to the Jed Foundation, about 1,100 college students commit suicide each year. A survey of college counselling center directors in 2006 revealed that 92% of college counselling center directors feel that there has been an increase in the number of seriously mentally ill students. Some experts argue that the high stress of college life coupled with less outpatient treatment than might be available to students at home can lead to serious problems. Additionally, some disorders, such as bipolar disorder, tend to first appear in the late teens and early twenties, when students are often in college.

Some experts question how universities respond to students who are ill. George Washington University sophomore Jordan Nott was the subject of many headlines in 2004. In November of that year, Nott went to the university hospital after becoming frightened by his own thoughts. The university barred him from returning to his dorm room and forced him to withdraw from the school. Nott was told that if he did not withdraw from the school he could be subject to suspension, expulsion, and criminal charges. Nott filed a lawsuit against the university, which received widespread criticisms of its actions. Bluffton University, Woodbury University, DeSales University and several other schools have been reprimanded by the Department of Education's Office of Civil Rights for their treatment of students with a mental disability. Some experts argue that schools that have such tough policies discourage students from seeking help, which can actually encourage more tragedy.

Attorneys in Florida can only launch wrongful death suits on behalf of clients when cases follow the guidelines set out in the Florida Wrongful Death Act. The act only allows specific people to seek damages for a wrongful death. These persons include:

*A surviving spouse. A spouse may seek damages for loss of companionship, for pain and suffering and for lost services and economic support. This means that any income the deceased could have made in a lifetime and any household services or tasks the loved one would have completed are taken into consideration when determining wrongful death suits. If a spouse paid funeral or memorial service costs, the spouse may be able to sue for these costs to be covered as well.

*A dependent or partly dependent blood relatives. If the person who has passed on supported or helped to support grandchildren, parents, siblings, children, or even adopted children, those persons can launch a wrongful death lawsuit to seek compensation for the support lost.

*Surviving children of the person who has passed on. Any surviving children under the age of 25 can recover damages for lost support but also for lost parental guidance, loss of companionship and for suffering.

*The estate of the person who has passed on. It is possible for an estate to seek “lost net accumulations of the estate” damages, which are damages against any assets which the loved one may have acquired during their lifetime. When an estate files a wrongful death suit, it is important to hire qualified Florida attorneys, as these cases require expert testimony to prove what sort of assets a person could have reasonably earned over a remaining work-life expectancy. If a wrongful death was caused by medical malpractice, the estate can also usually seek damages to cover medial bills attributed directly to the medical negligence.

Some groups point out that the Florida Wrongful Death Act may not fully protect the elderly and young, unmarried adults. Cases of nursing home and elder abuse are rife, but if an elderly loved one passes away due to the negligence of a nursing home or elder care facility, the estate may not be able to bring a lawsuit under the Florida Wrongful Death Act, if the children of the elderly person are over 25 years of age and if the person has no surviving spouse. At most, a family devastated by their loss might be able to sue for medical costs and funeral expenses. Similarly, independent adults who are unmarried and have no children may also fall prey to medical malpractice, but their devastated families may not be able to face those responsible in court.

Continue reading "The Florida Wrongful Death Act And You" »

Recently, Lois Forsberg Moscatello filed a wrongful death suit against Magen Carmony and the Polk County School Board. The case stems from the fact that Moscatello’s mother, Hilda, was a nursing home patient who died after a slip and fall accident in her bathroom while supervised by a Polk County student. The lawsuit alleges that while in at the Highlands Lake Center Nursing Home, the plaintiff’s mother was being supervised by a health science education student from the Traviss Career Center in Lakeland. The student allowed the patient to use the bathroom with no supervision and this led to a fall that apparently later led to the patient’s death. The lawsuit claims that the student should have known or should have been instructed that leaving the patient alone in the bathroom was dangerous.

The lawsuit alleges that the Polk County School Board did not properly train the student, did not provide enough staff help for the student, and did not tell the nursing home that the student may not have had the right training for the tasks she was required to perform in the home. The lawsuit alleges that all these factors signify negligence on the part of the school board.

The case has already polarized the community. The Polk County School Board claims that its students are much needed in professions and receive the training and help they need to do their jobs safely and well. Obviously, the Moscatello family, bereft of a family member, feel differently.

No matter how one feels about the tragedy, the fact is that tragedies such as this do occur. Slip and fall accidents and wrongful death suits are presented before the courts every day and make up a significant part of many attorneys’ case loads. According to the Florida AgSafe Network Web site, there are a number of things that can be done to prevent such tragedies. For example, safety features such as no-slip surfaces can be applied to floors, bathtubs, and other areas in a home. Proper supervision of the elderly or ill can, of course, help prevent many accidents. All surfaces and potential slip hazards should be examined regularly and steps should be taken to keep all surfaces slip-resistant.