submitted by Michael C. Ksiazek, Attorney at Stark & Stark Attorneys at Law, www.Stark-Stark.com
The question of whether a slip and fall that occurs within a hospital constitutes medical malpractice, rather than ordinary negligence, has been a much debated topic. The distinction is important because, in Pennsylvania, there are a number of procedural hurdles – which do not apply to an ordinary negligence case – a plaintiff must first tackle in order to successfully file and pursue a medical malpractice case.
There has been some inconsistency among Pennsylvania courts, as well as courts in other states, on this issue. This makes it very difficult to determine or predict whether a hospital fall case will be deemed a medical malpractice and, therefore, subject to the medical malpractice procedural requirements.