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

The trial court denied the hospital’s motion, and the hospital appealed. The appellate court surprisingly sided with the hospital, holding that there was a “substantive nexus” between the “accepted safety standards at issue” and the patient’s fall. The court went on to note that the patient had been seeking medical care, had been “prepped” for the procedure (meaning the medical care had begun), and was walking to the procedure room when the fall had occurred. In addition, the area where she fell was not open to the public, and so the hospital was ultimately responsible for the plaintiff’s safety as a patient. Thus, the court concluded that the claim really was a health care liability claim rather than negligence, and thus, according to state law, an expert’s report was required. Since the report had not been submitted, the case was dismissed. Had the fall taken place in a public area of the hospital, for example, a public waiting room prior to the patient being prepped, the patient would have been able to sue for negligence without the expert’s report. The Texas Court of Appeals has ruled that the patient’s slip and fall in the hospital should be considered a malpractice case, requiring an expert report as do all malpractice cases in the state.