However, the court noted that Tennessee adopted the following standard for distinguishing between an ordinary negligence
claim and one based upon medical malpractice: "[W]hen a claim alleges negligent conduct, which constitutes or bears a substantial relationship to the rendition of medical treatment by a medical professional, the medical malpractice statute is applicable.
To encourage aid to strangers, "Good Samaritan" statutes immunize aid-givers from liability should ordinary negligence
result in harm, but such immunity is typically forfeited if there is a finding of gross negligence.
48) In other words, licensed nurses will be held to a medical malpractice duty of care, and other employees will be held to an ordinary negligence
duty of care.
The court was satisfied that in such cases in which a plaintiff fails to clearly delineate whether he is proceeding on the grounds of ordinary negligence
or medical malpractice, the plaintiff should first be afforded the opportunity to act in accordance with the order of the court once the court has made a determination that the case sounds sufficiently in medical malpractice so as to trigger the requirements for initiating a case for medical malpractice.
Since the case had been limited to ordinary negligence
, any evidence about an overdose would not relate to the theory of the case.
The court held, inter alia, that a cause of action sounding in ordinary negligence
was not pled in the case.
What is striking in these cases is that school officials failed in their supervision so dramatically that it is difficult to see how ordinary negligence
would differ from gross negligence.
Conversely, the Limitations for ordinary negligence
was Three Years.
The distinction between ordinary negligence
and malpractice turns on whether the acts or omissions complained of can be assessed on the basis of the common every day experience of the trier of fact -the jury.
The jury found in her favor on separate theories of ordinary negligence
, premises liability, and peculiar risk, and awarded her sizable damages.
He would not contest a recently added charge of ordinary negligence
by the SEC with respect to this issue and, in fact, would admit negligence and pay the Government $99,500 plus interest, rather than incur the half a million to one million dollars in legal costs and many weeks of executive time, associated with a trial, regardless of the outcome.
In response, the plaintiff contended that her complaint sounded in ordinary negligence
rather than as a claim for medical malpractice in "furnishing or failure to furnish professional services in the performance of medical .