Woman cannot sue Hospital after two employees drop her and fracture her ankle
Kathleen D. Lukas sued William Baumont Hospital for "ordinary negligence." She was recovering from total knee replacement when two Hospital employees dropped her while shifting her from her bed to a standing position. Apparently relying on prior Michigan cases which have ruled that no professional judgment is involved in dropping a patient, Lukas' attorneys sued the Hospital for ordinary negligence rather than for malpractice. They did not comply with the expensive rules requiring the filing of a Notice of Intent, allowing a 180-day "waiting period" and then filing Affidavits of Merit and testimony of similarly-certified professional experts.
The Circuit Judge also relied on the prior related decisions and rejected William Beaumont Hospital's motion for summary disposition. The judge ruled the case did not involve the practice of professional judgment. The Court of Appeals reversed and permanently dismissed the case. The higher court judges ruled that an ordinary jury could not evaluate what protections Lukas needed or how to support her, and therefore her claim was for professional malpractice.