Anclote Manor Foundation v. Wilkinson, 70--448
| Decision Date | 24 May 1972 |
| Docket Number | No. 70--448,70--448 |
| Citation | 263 So.2d 256 |
| Parties | ANCLOTE MANOR FOUNDATION, a Florida corporation, Appellant, v. John Neal WILKINSON, III, Appellee. |
| Court | Florida District Court of Appeals |
William F. McGowan, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellant.
John Boult, of Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellee.
Appellant appeals a final judgment entered in favor of appellee on an action for breach of contract arising out of appellant's agreement with the appellee to render psychiatric and medical services to appellee's wife. Appellee's wife was a patient at appellant's hospital for approximately two years for which appellee paid the appellant $28,627.50.
A psychiatrist who was a full-time employee of the appellant was assigned to treat appellee's wife. Appellee's wife was under the direct supervision of such psychiatrist during the entire period that she was a patient. While appellee's wife was still a patient the psychiatrist told her that he was going to divorce his wife and he wanted to marry her.
Each and every one of the expert witnesses testified that the 'acting out' of the psychiatrist's feelings toward appellee's wife (known as countertransference) was conduct below acceptable psychiatric and medical standards. On March 1, 1966, approximately ten days subsequent to the psychiatrist 'acting out' his feelings toward appellee's wife, she was discharged from appellant's hospital. Prior to her discharge, on February 22, 1966, appellee filed for a divorce. Subsequently, on April 12, 1966, a final decree of divorce was entered divorcing appellee and his wife. The following year appellee's wife committed suicide. Between the date of her discharge and her death by suicide the appellee's wife's only brother was killed in Viet Nam and her grandmother passed away.
The issues were submitted to a jury and a verdict was returned in the amount of $28,600.
Appellant contends that there is no competent evidence in the record from which the jury could determine what, if any, damages appellee suffered as the result of the conduct of the psychiatrist who was appellant's full-time employee. Appellee contends that he is entitled to full reimbursement for monies paid under the contract on the theory that where there is a breach of contract on the part of a physician which destroys the possibility of any benefit which could have been...
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Gallas v. Greek Orthodox Archdiocese of North and South America
...of trust and confidence to seduce a female member of the congregation. See, e.g. Handley v. Richards, 518 So.2d 682; Anclote Manor Foundation v. Wilkinson, 263 So.2d 256; Horak v. Biris, 130 Ill.App.3d 140, 85 Ill.Dec. 599, 474 N.E.2d 13; Hester v. Barnett, 723 S.W.2d 544; Mazza v. Huffaker......
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Doe by Roe v. Madison Center Hosp.
...164 Ga.App. 215, 296 S.E.2d 126, 127-28; Cotton v. Kambly (1980), 101 Mich.App. 537, 300 N.W.2d 627, 628-29; Anclote Manor Found. v. Wilkinson (1972), Fla.App., 263 So.2d 256, 258. Further, jurisdictions have recognized claims for therapist malpractice when a therapist engages in sexual con......
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Horak v. Biris
...defendant in the treatment of plaintiff's wife would clearly have an impact upon the plaintiff as well. See Anclote Manor Foundation v. Wilkinson (Fla.Ct.App.1972), 263 So.2d 256, and Andrews v. United States (4th Cir.1984), 732 F.2d 366, both permitting recovery by the patient's husband fo......
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Collins v. Covenant Mut. Ins. Co.
...patient is conduct covered by professional liability insurance policies and can constitute malpractice. See Anclote Manor Found. v. Wilkinson (1972), Fla.Dist.Ct.App., 263 So.2d 256; St. Paul Fire & Marine Ins. Co. v. Mitchell (1982), 164 Ga.App. 215, 296 S.E.2d 126; Cotton v. Kambly (1980)......
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"Calling Dr. Love": the physician-patient sexual relationship as grounds for medical malpractice - society pays while the doctor and patient play.
...469 (Cal. 1985); Dresser v. Board of Med. Quality Assurance, 130 Cal. App. 3d 506 (Ct. App. 1982); Anclote Manor Found. v. Wilkinson III, 263 So. 2d 256 (Fla. Ct. App. 1972); Vigilant Ins. Co. v. Kambly, 319 N.W.2d 382 (Mich. Ct. App. 1982); Noto v. St. Vincent's Hosp. and Med. Ctr., 537 N.......