Gold v. Greenwich Hospital Ass'n

Rule of Law:

A negligence claim against a health care provider sounds in medical malpractice, thereby requiring expert testimony to establish the standard of care, if the claim involves the exercise of medical judgment, diagnosis, or treatment by a professional.

Facts:

• The plaintiff took a woman named Cooke, for whom she was a caretaker, to dinner where Cooke suffered a violent allergic reaction.
• The plaintiff brought Cooke to the emergency room, where Dr. Hunt treated Cooke with injections and subsequently discharged her, assuring the plaintiff that Cooke would likely sleep through the night.
• The plaintiff drove Cooke home and stayed overnight to care for her.
• Cooke awoke during the night and physically assaulted, kicked, and chased the plaintiff.
• While fleeing Cooke's attack, the plaintiff slipped on ice in the driveway, exacerbating injuries sustained during the assault.
• The plaintiff claimed the defendants knew or should have known Cooke was a danger to others when they discharged her.

Procedural Posture:

• Plaintiff sued the hospital and physician in state trial court alleging negligence.
• Defendants moved for the plaintiff to disclose an expert witness, arguing the claim was medical malpractice.
• Plaintiff disclosed a physician expert, Dr. Lavely.
• Defendants deposed Dr. Lavely, who admitted he lacked sufficient information to form an opinion on the standard of care.
• Trial court granted defendants' motion to preclude Dr. Lavely from testifying.
• Defendants moved for summary judgment, arguing plaintiff could not prove her case without an expert.
• Trial court granted summary judgment in favor of the defendants.
• Plaintiff appealed the judgment to the Appellate Court.
• The Supreme Court transferred the appeal to itself.