Medical Malpractice Lawsuit Goes To Florida Supreme Court

The Florida Supreme Court will hear a case involving a medical malpractice lawsuit that claims a woman’s doctor is responsible for her eventual suicide. The court will decide if the medical malpractice lawsuit against Dr. Joseph Chirillo should proceed. The suit claims that Dr. Chirillo failed to treat Jacqueline Granicz for depression prior to her suicide by hanging in 2008. Observers expect the case to have a major impact on how doctors treat patients diagnosed with depression and other mental disorders.

Details of the Medical Malpractice Lawsuit

The medical malpractice lawsuit alleges that Dr. Chirillo failed to fulfill his legally-required “standard of care” when he treated Mrs. Granicz. According to court documents, Mrs. Granicz called Dr. Chirillo complaining that she felt constant stress, stomach pain, insomnia, and frequent crying spells. The medical malpractice lawsuit claims that Dr. Chirillo changed the patient’s medication and referred her to a specialist for her gastrointestinal pain. Ms. Granics committed suicide the next day by hanging herself.

Medical Malpractice Lawsuit Cites Antidepressant Use

Hospital records from the medical malpractice lawsuit showed that Ms. Granicz had been taking the antidepressant Effexor since 2005. However, she stopped taking Effexor shortly before she called Dr. Chirillo. She claimed that she had felt both physically and mentally ill since she stopped taking the drug. The doctor gave her a sample of Lexapro, another antidepressant, in an effort to combat her symptoms. The medical malpractice lawsuit claims that the doctor left the drug in his office for the patient to pick up, but did not set an appointment to examine her symptoms.

Medical Malpractice Lawsuit Defense Claims Suicide “Unforeseeable”

Shortly after her death, Robert Granicz, Mrs. Granicz’s husband, filed the medical malpractice lawsuit against Dr. Chirillo. Attorneys for Dr. Chirillo claim that he could not foresee her suicide and should not be held liable for her death. An attorney for the doctor stated that Mrs. Granicz never showed signs of “anything other than distress and stomach issues.” He told the Supreme Court justices that the medical malpractice lawsuit seeks to probe the “gray area that is the human mind” and that “this was not a standard medical-negligence case.”

Medical Malpractice Lawsuit Tests Florida Law

The Granicz medical malpractice lawsuit has traveled through the Florida court system, with varying results. A circuit court judge heard the initial medical malpractice lawsuit and granted a summary judgment in favor of Dr. Chirillo. An appeals court overturned that decision, opening the road for the case to go before the state’s highest court.

Sources: The Ledger, Politico

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NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by any of the parties mentioned herein.