WHEN IS A CLAIM A MEDICAL MALPRACTICE CLAIM( cont.)
their causes of action.” 601 So. 2d at 1189. Accordingly, only claims that arise out of an action or inaction directly related to medical care or services, which require the use of professional judgment or skill, sound in medical malpractice. Townes at 196.
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In Townes, supra, the Supreme Court holds that the negligent administration of a TACT hold, a procedure that is taught both to medical and nonmedical personnel, does not constitute the application of professional judgment or skill required to hold that a case sounds in medical malpractice rather than ordinary negligence. At 197, the Court concludes Limiting medical malpractice claims to those that are directly related to medical care or services, which require the use of professional judgment or skill, ensures that plaintiffs bringing claims of ordinary negligence are not subjected to the complex presuit procedures for medical malpractice claims, while still advancing the Legislature’ s policy goals of encouraging early settlement and screening out frivolous medical malpractice claims. In this case, because the administration of a TACT hold was not directly related to medical care or services, which require the use of professional judgment or skill, Townes’ claim does not arise from medical malpractice, and her lawsuit is not barred by the two-year statute of limitations or her failure to comply with the presuit requirements set forth in chapter 766. For the same reasons, a claim arising out of a hospital employee leaving her keys and badge where a patient can access them does not sound in medical malpractice. Shands 175 So. 3d 327. Accordingly, we approve the First District’ s decision in Townes, and disapprove of the First District’ s decision in Shands.
This case explores the important distinction between malpractice and ordinary claims and is the definitive ruling on that subject.
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