Falling Accidents

  • Read more: Patient Fall: Medical Malpractice or General Tort?
    Article

    Patient Fall: Medical Malpractice or General Tort?

    By Alex Stein Courts coalesce around the view that patient fall injuries are actionable only as medical malpractice except when the care provider acts with intent or malice. This approach gives providers of medical care all the protections that benefit defendants in medical malpractice cases (compulsory suit-screening panel procedure, merit certificate / affidavit as a prerequisite…

  • Read more: “Medical Malpractice” vs. General Negligence: The Case of Falling Accidents
    Article

    “Medical Malpractice” vs. General Negligence: The Case of Falling Accidents

    By Alex Stein As I wrote previously – see here, here, here, here, here, here, here, here, and here – whether a tort action sounds in “medical malpractice” as opposed to general negligence, or vice versa, can be crucial. Suits sounding in “medical malpractice” must satisfy special requirements that include shortened limitations periods, statutes of repose,…