In re Department of Children & Family Services ex rel. Kennedy

District Court of Appeal of Florida

In re Department of Children & Family Services ex rel. Kennedy

698 So. 2d 1382, 1997 Fla. App. LEXIS 10875, 1997 WL 594126

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 1997

DocketNo. 97-2562

StatusPublished

This text of 698 So. 2d 1382 (In re Department of Children & Family Services ex rel. Kennedy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Department of Children & Family Services ex rel. Kennedy, 698 So. 2d 1382, 1997 Fla. App. LEXIS 10875, 1997 WL 594126 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

The Florida Department of Children and Family Services and Darrell Ray Kennedy, an 18 year old developmentally disabled quadriplegic man, through his attorney, seek review of the denial of a petition for order approving surgical procedure, as well as emergency relief. We reverse the order and direct the immediate approval of the requested surgical procedure.

Kennedy’s treating physician testified by deposition that if the requested surgical procedure is not performed, Kennedy will die. He also stated that the benefits of the procedure far outweigh the risks. His opinion was unrefuted. Kennedy, through his attorney, joined in the Department’s request to approve the surgery. The lower court’s order indicates that only the adult man’s mother opposed the procedure. Although we understand the trial court’s concern for the mother’s opinion, she does not speak for an adult son, particularly a son represented by an attorney. In the absence of any medical testimony that the surgical procedure in question was not necessary or appropriate, the lower court erred in refusing to approve the treatment. The court’s order is reversed and the court is directed to immediately enter an order approving the requested surgical procedure. No motion for rehearing will be entertained and the mandate shall issue forthwith.

REVERSED.

GOSHORN, HARRIS and ANTOON, JJ., concur.

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PER CURIAM.

The Florida Department of Children and Family Services and Darrell Ray Kennedy, an 18 year old developmentally disabled quadriplegic man, through his attorney, seek review of the denial of a petition for order approving surgical procedure, as well as emergency relief. We reverse the order and direct the immediate approval of the requested surgical procedure.

Kennedy’s treating physician testified by deposition that if the requested surgical procedure is not performed, Kennedy will die. He also stated that the benefits of the procedure far outweigh the risks. His opinion was unrefuted. Kennedy, through his attorney, joined in the Department’s request to approve the surgery. The lower court’s order indicates that only the adult man’s mother opposed the procedure. Although we understand the trial court’s concern for the mother’s opinion, she does not speak for an adult son, particularly a son represented by an attorney. In the absence of any medical testimony that the surgical procedure in question was not necessary or appropriate, the lower court erred in refusing to approve the treatment. The court’s order is reversed and the court is directed to immediately enter an order approving the requested surgical procedure. No motion for rehearing will be entertained and the mandate shall issue forthwith.

REVERSED.

GOSHORN, HARRIS and ANTOON, JJ., concur.

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Bluebook (online)

698 So. 2d 1382, 1997 Fla. App. LEXIS 10875, 1997 WL 594126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-department-of-children-family-services-ex-rel-kennedy-fladistctapp-1997.