## Facts

- Clara McLeod resided at Plymouth Court Nursing Home, a licensed nursing home/health facility in Michigan.
- On January 29, 1995, McLeod attempted to get into her wheelchair.
- McLeod alleged the nursing home left the wheelchair unlocked and/or unstable, causing her to fall.
- McLeod fractured her left hip.
- McLeod filed suit alleging breach of a duty of reasonable care (ordinary negligence), not negligent medical treatment or deviation from a professional medical standard of care.
- The nursing home asserted McLeod failed to give the statutory presuit notice required for Michigan medical malpractice actions under M.C.L. § 600.2912b.
- After suit was filed and removed to federal court, McLeod’s counsel sent a “Notice of Intent to File Claim For Medical Malpractice,” then sought to withdraw it.
- The nursing home moved to dismiss based on noncompliance with the malpractice presuit notice requirement.

## Issues

1. Whether a nursing home resident’s fall allegedly caused by an unlocked or unstable wheelchair sounds in medical malpractice (triggering M.C.L. § 600.2912b presuit notice) or ordinary negligence (no presuit notice).

## Decision

- The court denied the nursing home’s motion to dismiss.
- The court held the complaint pleaded ordinary negligence rather than medical malpractice.
- Because the claim was not malpractice, M.C.L. § 600.2912b’s presuit notice requirement did not apply.

## Legal Principles

- In Michigan, an injury occurring in a licensed health facility may be pleaded as medical malpractice or ordinary negligence depending on the nature of the duty allegedly breached.
- A claim sounds in medical malpractice when it implicates professional medical judgment or the medical standard of care and typically requires expert testimony.
- A claim sounds in ordinary negligence when it alleges breach of a general duty of reasonable care (including custodial or safety-related duties) that lay jurors can evaluate without medical expertise.
- Michigan’s medical malpractice presuit notice requirement in M.C.L. § 600.2912b applies only to malpractice actions; misclassification determines whether dismissal is required for lack of timely notice.

## Conclusion

Because the alleged wrongdoing involved leaving a wheelchair unlocked or unstable—an ordinary safety matter rather than the exercise of professional medical judgment—the court treated the case as ordinary negligence and allowed it to proceed without compliance with Michigan’s medical malpractice presuit notice statute.


McLeod v. Plymouth Court Nursing Home, 957 F. Supp. 113 (E.D. Mich. 1997)