Although most medical malpractice cases allege that the defendant medical care provider’s breach of the standard of care was due to negligence, rather than an intentional act, there are key differences between an ordinary negligence claim and a medical malpractice claim. The Supreme Court of New York, Appellate Division, recently distinguished between negligence and medical malpractice claims in a case in which the plaintiff alleged a hospital’s negligence caused her to sustain harm following a surgery. If your health was harmed by hospital malpractice it is essential to retain an experienced Rochester hospital malpractice attorney to assist you in pursuing claims against anyone responsible for your harm.
Facts Regarding the Plaintiff’s Harm
Allegedly, the plaintiff underwent a surgical procedure at the defendant hospital. Following the surgery, the plaintiff experienced substantial memory loss and threatened to leave the hospital several times. Due to her symptoms and a recommendation from her psychiatrist, the plaintiff spent a portion of her stay in the hospital in a cluster room or under one-on-one supervision. The plaintiff left the hospital and was found five days later with numerous injuries.
Reportedly, the plaintiff filed a lawsuit against the defendant hospital, alleging that the hospital negligently failed to provide her with appropriate supervision and care. The defendant moved to compel the plaintiff to produce a certificate of merit, arguing that her claims sounded in malpractice. The plaintiff opposed the motion and moved for leave to amend her complaint. The court granted the defendant’s motion and granted the plaintiff leave to amend, to the extent she intended to add a claim for malpractice. The plaintiff appealed.