Lois Vance v. Okaloosa-Walton Urology, P.A., etc.
228 So. 3d 1199
Fla. Dist. Ct. App.2017Background
- Plaintiff Lois Vance sued after falling from an examination table at Dr. Zachos’s urology office when a step the doctor had used to help her mount the table was not returned before she descended.
- Vance alleged the step’s removal created a known dangerous condition and that the doctor knew or should have known he had not replaced it, causing serious permanent injuries.
- The trial court dismissed the amended complaint with prejudice for failure to satisfy medical-presuit requirements and as time-barred under the medical-malpractice statute of limitations.
- The narrow question on appeal was whether Vance’s claim sounded in ordinary negligence or in medical negligence (which would trigger presuit and statute-of-limitations rules).
- The First District analyzed whether the claim depended on medical standards of care or instead could be resolved by jurors’ common experience.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the complaint allege medical negligence or ordinary negligence? | Vance: the claim is ordinary negligence—failure to replace a step is a nonmedical, common-experience negligence issue. | Defendants: claim arises from medical care and thus is medical negligence subject to presuit and malpractice statute of limitations. | The court held the complaint alleges ordinary negligence and reversed the dismissal; jurors can resolve the issue using common experience. |
Key Cases Cited
- Doe v. Baptist Primary Care, Inc., 177 So. 3d 669 (Fla. 1st DCA 2015) (distinguishing claims that arise from rendering medical care from ordinary negligence)
- Holmes Reg'l Med. Ctr., Inc. v. Dumigan, 151 So. 3d 1282 (Fla. 5th DCA 2014) (core inquiry is whether claim relies on medical-malpractice standard of care)
- Shands Teaching Hosp. & Clinics, Inc. v. Estate of Lawson, 175 So. 3d 327 (Fla. 1st DCA 2015) (en banc) (courts must look beyond labels to determine if claim sounds in medical negligence)
- Dr. Navarro's Vein Ctr. of Palm Beach, Inc. v. Miller, 22 So. 3d 776 (Fla. 4th DCA 2009) (same principle: examine well-pleaded factual allegations)
- Tenet St. Mary's Inc. v. Serratore, 869 So. 2d 729 (Fla. 4th DCA 2004) (negligent act in medical setting does not automatically make it medical negligence)
- Lake Shore Hosp., Inc. v. Clarke, 768 So. 2d 1251 (Fla. 1st DCA 2000) (slip-and-fall in hospital room characterized as ordinary negligence)
- Broadway v. Bay Hosp., Inc., 638 So. 2d 176 (Fla. 1st DCA 1994) (equipment/collapse incidents can be ordinary negligence)