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Liability and coverage for patient falls

Lawsuits and claims arising from patient falls present an evolving issue for plaintiffs, defendants, the court system, and insurance companies. If a patient sues an ophthalmologist or their medical practice or ambulatory surgery center (ASC), what legal theory applies? Is the claim one of medical malpractice (i.e., professional negligence) or ordinary negligence (e.g., premises liability)? This may appear to be a question of semantics, but the answer has important consequences. 

Learn more on pg 3 of the 2022 Digest Vol 32 N0 1.

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