Is a negligent supervision of elderly case involving a fall in a nursing home considered medical malpractice or straight personal injury as it relates to the statute of limitations?

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Is a negligent supervision of elderly case involving a fall in a nursing home considered medical malpractice or straight personal injury as it relates to the statute of limitations?

Do I have to file a negligent supervision case within 1 year or 2 years to be within the statute of limitations?

Asked on November 20, 2014 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is room to argue it either way, but most likely:

1) if the fall occured during any sort of therapy, including walking down the hallway under therapist or medical staff supervision, or during some medical procedure or doctor's visit, it's most likely under the medical malpractice statute; but

2) if medical treatment or therapy were not implicated at the  time, it's most likely under "generic" personal injury.


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