Professional Negligence Law Reporter

A New York appellate court held that a plaintiff’s medical negligence claims arising from his fall at a hospital were time-barred, but his ordinary negligence claims stemming from the incident were timely.

Eddie Butler, 71, was admitted to Wyckoff Heights Medical Center, suffering from a history of renal failure and shortness of breath. When no one responded to his call for assistance to the bathroom, he went to the bathroom by himself. He slipped and fell in a shower that allegedly was not equipped with mats or other safeguards. He suffered a hip injury.

Butler sued Wyckoff Heights Medical Center, alleging negligence and negligent hiring and supervision. The plaintiff claimed that the defendant failed to properly supervise him to prevent falls, created a dangerous condition on its premises, failed to maintain the premises in a reasonably safe condition, and failed to provide assistive devices, among other things.

The defendant moved to dismiss on the ground that the plaintiff’s claim sounded in medical malpractice and was, therefore, barred by the applicable two-and-a-half year limitations period. The trial court denied the motion.

Affirming in part and reversing in part, the appellate court noted that the distinction between ordinary negligence and medical malpractice depends on whether the alleged acts or omissions involve a matter of medical science or art requiring special skills not ordinarily possessed by lay persons, or whether the conduct could be assessed on the basis of common everyday experience. Citing case law, the court added that when the gravamen of a complaint is not negligence in providing medical treatment to a patient, the claim sounds in ordinary negligence.

Applying these principles here, the court agreed with the defense that the plaintiff’s allegation that he should have been assessed as a higher fall risk constituted a medical malpractice claim that was time-barred under the applicable statute. The remaining allegations of ordinary negligence related to the plaintiff’s fall were timely, the court held.

Citation: Butler v. Wyckoff Heights Med. Ctr., 2024 WL 5063225 (N.Y. App. Div. Dec. 11, 2024).

Plaintiff counsel: Jonathan Edelstein, New York City.