{"id":1942,"date":"2017-02-22T09:41:47","date_gmt":"2017-02-22T14:41:47","guid":{"rendered":"http:\/\/www.southfloridainjuryattorneys-blog.com\/?p=1116"},"modified":"2019-04-30T19:09:06","modified_gmt":"2019-04-30T23:09:06","slug":"court-broadly-defines-health-care-provider-subjecting-plaintiffs-slip-fall-case-heightened-medical-malpractice-requirements","status":"publish","type":"post","link":"https:\/\/www.ceceresantana.com\/es\/court-broadly-defines-health-care-provider-subjecting-plaintiffs-slip-fall-case-heightened-medical-malpractice-requirements\/","title":{"rendered":"Court Broadly Defines \u201cHealth Care Provider,\u201d Subjecting Plaintiff\u2019s Slip-and-Fall Case to Heightened Medical Malpractice Requirements"},"content":{"rendered":"

Earlier this month, a West Virginia appellate court issued a written opinion<\/a> in a slip-and-fall case that occurred at a hospital. The issue the court had to decide was whether the plaintiff\u2019s case was properly considered a medical malpractice case under state law, or whether it was a premises liability case. The significance of the distinction between the two types of cases is that medical malpractice cases are subject to additional procedural requirements.<\/p>\n

The Facts of the Case<\/strong><\/p>\n

The plaintiff accompanied her husband to the defendant hospital for a medical check-up. The plaintiff\u2019s husband checked in and was escorted to an examination room by a medical assistant. The medical assistant instructed the plaintiff\u2019s husband to have a seat on the examination table and then left the room.<\/p>\n

As the plaintiff\u2019s husband attempted to climb onto the examination table, he fell back onto the plaintiff. Both the plaintiff and her husband sustained serious injuries, and the plaintiff\u2019s husband died 90 days after the incident. The plaintiff filed a premises liability lawsuit against the hospital.<\/p>\n

<\/p>\n

The hospital responded to the allegations by arguing that the lawsuit should have been filed as a medical malpractice lawsuit, rather than a premises liability lawsuit. Under state law, any claim involving a \u201chealth care provider\u201d should be filed as a medical malpractice lawsuit. The hospital argued that since\u00a0the injury occurred at a hospital while the plaintiff\u2019s husband was seeking medical care, the case should properly be brought as a medical malpractice lawsuit. The plaintiff\u2019s response was that her husband\u2019s injuries had nothing to do with medical care and that his injury was a matter of traditional negligence.<\/p>\n

The Court\u2019s Decision<\/strong><\/p>\n

The court ultimately decided that the plaintiff\u2019s case should be brought as a medical malpractice lawsuit. The court looked at the statute defining a medical malpractice case, and it determined that any lawsuit brought \u201crelated to the provision of medical care\u201d is a medical malpractice lawsuit. The fact that the plaintiff viewed her own case as a premises liability lawsuit and filed the complaint accordingly had no effect on how courts will interpret the claim.<\/p>\n

The Importance of the Distinction<\/strong><\/p>\n

The reason why a plaintiff may wish to avoid having their case construed as a medical malpractice case is because medical malpractice cases are subject to additional requirements. For example, in Florida, medical malpractice cases have additional notice requirements, may have shorter statutes of limitations, and may have other pre-suit requirements. If these requirements are not met, a plaintiff\u2019s case may be dismissed, leaving the plaintiff with no means of recovery.<\/p>\n

Have You Been Injured in a Florida Accident?<\/strong><\/p>\n

If you or a loved one has recently been injured in a slip-and-fall accident in a doctor’s office or hospital, your case may be considered a Florida medical malpractice case by the courts. It is important to keep in mind that medical malpractice cases are very specialized and have additional requirements that must be met. As the above discussion illustrates, sometimes cases that do not seem to present issues of medical negligence may\u00a0still be required to meet the heightened medical malpractice requirements. The law firm of Cecere Santana has\u00a0extensive experience handling all types of personal injury<\/a> and medical malpractice cases. Call 800-753-5529 to set up a free consultation with a dedicated personal injury attorney today.<\/p>\n

More Blog Posts:<\/strong><\/p>\n

Court Permits Lawsuit Filed by Motorist Injured by Escaped Farm Animal<\/a>, Cecere Santana Injury Lawyers Blog, published January 17, 2017.<\/p>\n

Claims Against Florida Public Entities Are Subject to Strict Notice Requirements<\/a>, Cecere Santana Injury Lawyers Blog, published January 2, 2017.<\/p>\n","protected":false},"excerpt":{"rendered":"

Earlier this month, a West Virginia appellate court issued a written opinion in a slip-and-fall case that occurred at a hospital. The issue the court had to decide was whether the plaintiff\u2019s case was properly considered a medical malpractice case under state law, or whether it was a premises liability case. The significance of the … <\/p>\n

Continue reading “Court Broadly Defines \u201cHealth Care Provider,\u201d Subjecting Plaintiff\u2019s Slip-and-Fall Case to Heightened Medical Malpractice Requirements”<\/span><\/a><\/p>\n

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