Claim Alleging Nurse Negligently Transferred Patient to Gurney Sounds In Medical Malpractice

A nurse’s alleged failure to exercise due care in moving a patient from a bed to a gurney, resulting in injuries to the patient, arose during the provision of medical care and services.  Therefore, the patient’s subsequent negligence claims sounded in medical malpractice and were subject to Florida’s medical negligence statute of limitations and pre-suit requirements.


The plaintiff had been given contrast dye for a CT scan, during which she became sick. After the scan was complete, the CT technician called the nurse into the room to assess the plaintiff, believing she was suffering an allergic reaction to the dye. The nurse instructed the plaintiff to move from the CT table to a gurney that was brought into the room, but the plaintiff fell and was injured when she attempted to get off the table and move to the gurney. Subsequently, the plaintiff was given oxygen, attached to EKG leads and treated by ER doctors.


The court noted other cases holding that in determining whether a claim constitutes straight negligence or medical malpractice, the inquiry is whether the injury arises out of medical diagnosis, treatment or care. If the injury is a direct result of receiving medical care or treatment by the healthcare provider, the claim is one of medical malpractice. Stubbs v. Surgi-Staff, Inc., 2012 WL 126140 (Fla.App. 4 Dist. Jan 18, 2012) (not designated for publication).