Legal Briefs: When Is a Slip and Fall Case Considered Medical Malpractice?

A patient was at the hospital for a colonoscopy. As she was walking from the preparation room to the procedure room, she allegedly slipped on a wet floor and sustained injuries as a result. The patient sued the hospital, alleging negligence. The hospital filed a motion to dismiss, arguing that the case was a health care liability claim governed by the state’s Civil Practice and Remedies Code, which requires the plaintiff to submit an expert report.

Was the hospital negligent?

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Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.