Professional Negligence Law Reporter

A Florida appellate court held that a lawsuit arising out of a patient’s fall on an allegedly wet hospital floor sounded in ordinary, not medical, negligence.

Hospital patient Zadye Thomas fell on an allegedly slippery, wet floor while walking to a restroom in the facility. She sued the hospital, alleging failure to maintain the premises and warn of a dangerous condition. The defense successfully moved to dismiss on the basis that the plaintiff’s claim was one for medical negligence and that she had not complied with applicable presuit notice requirements.

Reversing, the appellate court cited case law involving patient falls that discussed the distinction between claims for medical negligence and premises liability. The court noted that ordinary negligence claims may be resolved using common sense, while medical negligence claims require expert testimony to establish the appropriate standard of care. Here, the court said, the plaintiff’s lawsuit falls under the category of simple negligence because it can be resolved without referring to medical standards of care.

Accordingly, the court concluded that the trial court should not have granted the defendant’s motion to dismiss. The court therefore remanded, noting that if the plaintiff’s complaint evolved into a medical negligence case, the defense was not foreclosed from seeking dismissal or summary resolution.

Citation: Thomas v. St. Vincent’s Med. Ctr., Inc., 369 So. 3d 343 (Fla. Dist. Ct. App. 2023).

Plaintiff counsel: Linnes Finney Jr. and Louis M. Thermilus, both of Port St. Lucie, Fla.