Syracuse Medical Malpractice and Personal Injury Lawyer Blog
When injuries occur in a hospital setting, determining whether the claims arise from medical malpractice or ordinary negligence can significantly impact a case’s viability. This distinction often determines the applicable statute of limitations and legal standards for proving liability. A recent New York decision highlights this distinction and how New York courts evaluate such claims. If you or a loved one were injured in a healthcare setting, it is crucial to consult a Syracuse medical malpractice attorney to assess your options as soon as you can.
History of the Case
It is alleged that in June 2017, the plaintiff, a 71-year-old patient, sustained injuries when he fell while unattended in the defendant hospital’s bathroom. The plaintiff subsequently filed a lawsuit against the defendant hospital, alleging negligence in failing to provide proper care and supervision. In his complaint and bill of particulars, the plaintiff asserted various claims sounding in ordinary negligence. However, he later acknowledged that some allegations could also be interpreted as claims of medical malpractice.
It is reported that the defendant moved to dismiss the plaintiff’s claims under CPLR 3211(a)(5), arguing that all allegations were time-barred under the 2½-year statute of limitations applicable to medical malpractice claims. The plaintiff opposed the motion, contending that his claims were rooted in ordinary negligence, which is subject to a three-year statute of limitations. The trial court partially denied the defendant’s motion, finding that some of the plaintiff’s claims sounded in negligence and were, therefore timely. The defendant appealed the decision.
Medical Malpractice or Ordinary Negligence
On appeal, the court analyzed whether the plaintiff’s claims constituted medical malpractice or ordinary negligence. Under New York law, the distinction between these two types of claims depends on the nature of the duty breached. Specifically, a claim sounds in medical malpractice when it involves the exercise of professional medical judgment or skills, whereas a claim sounds in ordinary negligence when the alleged conduct can be evaluated based on common, everyday experience.
The court cited longstanding precedent, noting that medical malpractice arises when the alleged acts or omissions are substantially related to the rendering of medical treatment or professional judgment. Conversely, ordinary negligence involves breaches of general duties of care that do not require specialized medical knowledge.
The court agreed with the defendant that allegations regarding the hospital’s assessment of the plaintiff’s fall risk constituted medical malpractice. The determination of a patient’s fall risk requires the application of professional medical judgment, which is a hallmark of malpractice claims. Consequently, the court held that these allegations were time-barred under the 2½-year statute of limitations for medical malpractice claims pursuant to CPLR 214-a.
However, the court found that the plaintiff’s remaining allegations sounded in ordinary negligence. Specifically, the plaintiff’s claims that hospital staff failed to assist him in the bathroom and left him unattended did not involve professional medical judgment. The court reasoned that such claims could be assessed based on common knowledge and experience, as they implicated general safety and supervision duties owed to all individuals. As such, the court affirmed the trial court’s decision, holding that the plaintiff’s ordinary negligence claims were timely and could proceed.
Meet with a Skilled Syracuse Medical Malpractice Attorney
Understanding whether an injury in a healthcare setting constitutes negligence or medical malpractice is essential for pursuing a successful claim. If you or a loved one were injured in the context of medical care, you should speak with an attorney. The skilled Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help you evaluate your case and pursue the compensation you deserve. To learn more about your options, contact us today at 833-200-2000 or visit our website to schedule a consultation.
