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Patient Held in Lockup is Suing
By Carol Marbin Miller, Miami Herald
April 19, 2005
Two weeks after state regulators reinstated Florida Medical Center's ability to hold psychiatric patients involuntarily, a 76-year-old Plantation man sued the hospital, claiming officials there conspired to hold him captive "for financial gain."
Charles Miller and his wife, Jean Miller, sued Florida Medical in Broward Circuit Court late Friday, alleging 12 claims of negligence, false imprisonment, battery, civil conspiracy, invasion of privacy and intentional infliction of emotional distress.
They are seeking an unspecified amount of money.
The lawsuit claims that when Charles Miller began "violently vomiting and shaking," Jean Miller took her husband to the private Fort Lauderdale psychiatrist he'd been seeing for several years.
Dr. Branislav M. Stojanovic sent the couple to Florida Medical Center, where, the suit claims, they were separated, and officials refused to let Jean Miller see her husband.
Three days later, Jean Miller was finally told where her husband was: locked up, against his will, in the hospital's psychiatric unit.
"From Dec. 7, 2004, until Mr. Miller's discharge on Dec. 13, 2004, Mrs. Miller attempted to do everything in her power to find out the status of her husband," the suit states.
"Further, Mr. Miller, while in the locked psychiatric unit, was verbally indicating to members of the [hospital's] staff that he did not belong in a locked psychiatric unit."
The hospital's "medical documentation clearly indicates that Mr. Miller was never dangerous in any conceivable way and in no way met criteria as established by Florida law to be held against his will," the lawsuit states.
"While being held captive in [the hospital], Mr. Miller literally had no alternative but to scrounge for soap and towels since these items were not provided," the suit adds.
Hospital officials declined to discuss the lawsuit Monday. "I have not seen the lawsuit, and I cannot comment on it," said Sue Baron, a hospital spokeswoman.
In February, DCF mental health administrators suspended Florida Medical's ability to hold patients against their will under the Baker Act, Florida's involuntary commitment law.
It was only the second time that agency officials had removed a hospital's Baker Act designation.
DCF took the unusual action after investigating allegations that patients were improperly committed, not adequately treated and had difficulty leaving the program, even if they had admitted themselves voluntarily.
"We did take swift and appropriate action when we became aware of the Baker Act issues at the psychiatric unit of Florida Medical Center, and we worked closely with [the Department of Children & Families] and succeeded in developing a plan of correction that allowed the hospital to resume our Baker Act status," Baron said.
"The conduct here was outrageous and must be punished," said Frederick A. Goldstein, a private Fort Lauderdale attorney who represents people committed under the Baker Act for the Broward Public Defender's Office.
Goldstein also is representing the Millers. "This type of behavior cannot be allowed to continue."
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