Legal Question in Personal Injury in Florida

My daughter was attacked buy a patient at the hospital where she works as a respiratory therapist. The patient had been in surgery and was back in his room. He was still under the influence of drugs that were given and restrained. She had to remove the restraint on one arm to take a blood sample. The patient grabbed her and he said he was going to break her arm. He was trying to break her wrist. She managed to get away from him, but had damage to her wrist. She had undergone therapy for 4 weeks. She is now having therapy for the second time because her wrist never healed properly. Can she sue the patient.

Jim Costello

Asked on 11/04/10, 8:58 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

Probably not, but she is entitled to workman's compensation. Your question states that the patient was under the influence of surgical drugs. It's unlikely that he had the mental ability to form the intent to injure her, despite the fact that he stated that he intended to injure her. He was a patient, in a hospital, and she released his restraints. He was restrained for a reason. This is not a very good case against the patient.

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Answered on 11/11/10, 4:37 am

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