A defendant hospital did not owe a duty of care to a visitor merely because the hospital staff assisted her into a chair after she became dizzy while she was at the hospital where her mother was being treated. Helping her into a chair did not constitute medical treatment.
After being helped into the chair by a nurse, the plaintiff’s dizziness worsened, the plaintiff again asked for help, and then slid off the chair and onto the floor, suffering spinal injuries that required surgical intervention. The court further held that the plaintiff's expectation that the hospital staff would protect her from falling was unreasonable.
See: Urciuoli v. Lawrence Hosp. Center, 89 A.D.3d 533, 933 N.Y.S.2d 225, 2011 N.Y. Slip Op. 08204 (N.Y.A.D. 1 Dept. Nov 15, 2011).