A West Virginia court recently issued an opinion highlighting one of the challenges that plaintiffs may face when their injuries took place at a hospital or doctor’s office. In this case, the issue was whether a patient’s slip and fall claim should have been classified as a premises liability claim or a medical malpractice claim. The court eventually decided that since the injury took place when the patient was receiving “health care related” services, the case should be deemed a medical malpractice claim.
The facts of the case are as follows. A woman took her husband to an urgent care facility, where a staff member directed them to a private examination room. The staff member told the patient to sit on the examination table and wait for the physician to arrive. As the man tried to get onto the table, he fell. Not long after the incident, the man died as a result of complications from the fall.
The man’s wife filed a premises liability claim against the urgent care facility. Premises liability is a legal doctrine that generally comes into play in personal injury cases in which an injury is caused by some type of unsafe or defective condition on someone’s property. The urgent care facility responded, stating that the lawsuit should have been filed under the state’s medical malpractice statute because it was “related” to the provision of health care services. The court agreed.