While most New York medical malpractice claims assert that the defendant health care provider negligently performed their duties, there are key distinctions between ordinary negligence and medical malpractice claims. In a recent opinion issued by a New York court, the differences between ordinary negligence and medical malpractice were explained. If you suffered harm due to the carelessness of your treatment provider, it is smart to meet with a Rochester medical malpractice attorney to assess what claims you may be able to assert in pursuit of damages.
The Plaintiff’s Harm
It is alleged that the plaintiff, who was living in a state-owned facility, fell down a flight of stairs and injured his back. He subsequently instituted a lawsuit against the state, alleging that it had a duty to recognize his risk of falling and place him on the first floor, and its breach of that duty caused his harm. The defendant moved for dismissal via summary judgment, arguing it was entitled to judgment in its favor as a matter of law.
Medical Malpractice Versus Ordinary Negligence
One of the key points of contention between the parties was whether the plaintiff’s complaint asserted medical malpractice or ordinary negligence claims. Specifically, the defendant argued that it was an ordinary negligence claim, and in support of its assertion, stated that the plaintiff’s attorney deemed it ordinary negligence at a pretrial conference. The plaintiff disagreed. Continue reading