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Florida First DCA rules that plaintiff's fall off of examination table was subject to ordinary negligence statute of limitations because alleged negligence did not result from medical care

On November 6, 2017, in Vance v. Okaloosa-Walton Urology, P.A., No. 1D16-4272, the Florida Fist DCA reversed a trial court’s dismissal of the plaintiff’s negligence complaint against a treating physician’s professional association. The case had been dismissed by the trial court because the plaintiff had not complied with the medical negligence pre-suit procedures and had not filed her case within the medical negligence statute of limitations period. The underlying incident occurred when the plaintiff attempted to descend from an examination table. She alleged that without her knowledge the doctor had taken away a portable step that she had used to get onto the table and had failed to replace it before exiting the room while she was still on the table. The First DCA concluded that the case sounded in ordinary negligence rather than medical negligence because “[j]urors can use their common experiences to evaluate the act of placing and removing a step used by someone to get on and off a table, just as they could evaluate the act of pulling a chair out from under someone about to sit down.”