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McLeod v. Plymouth Court Nursing Home

957 F. Supp. 113 (1997)

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McLeod v. Plymouth Court Nursing Home

United States District Court for the Eastern District of Michigan
957 F. Supp. 113 (1997)

Facts

Clara McLeod (plaintiff) was a resident at the Plymouth Court Nursing Home (nursing home) (defendant). One day, McLeod attempted to get in her wheelchair, but she fell on the floor and broke her hip. McLeod sued the nursing home, alleging that the home’s staff had negligently left the wheelchair unlocked, which made the wheelchair unstable and caused her fall. Specifically, McLeod alleged that the nursing home had breached its duty of reasonable care. McLeod’s complaint did not include any allegations that the nursing home had failed to provide adequate medical care or had otherwise breached the standard of care for a reasonable hospital or medical facility. The nursing home moved to dismiss McLeod’s claim, arguing that (1) it was a medical-malpractice claim and (2) McLeod had not complied with the special notice requirements for filing a medical-malpractice claim. McLeod responded by contending that her claim was an ordinary negligence claim that had no special notice requirements.

Rule of Law

Issue

Holding and Reasoning (Duggan, J.)

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