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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