Medical malpractice is a species of negligence. The distinction turns on whether the act complained of involves a matter of medical science or art requiring special skills not ordinarily possessed by lay persons, or whether the conduct complained of can be assessed on the basis of the common everyday experience of the trier of fact. A claim sounds in medical malpractice when the challenged conduct constitutes medical treatment or bears a substantial relationship to the rendition of medical treatment by a licensed physician to a particular patient. When a plaintiff's allegations do not focus on negligence in furnishing medical treatment to a patient, but on a physician's failure in fulfilling a different duty, the claim sounds in ordinary negligence. In categorizing a claim for statute of limitations purposes, the court must focus on the essence of the claim, and, critically, identify the nature of the duty owed to the plaintiff that the defendant allegedly breached.
Lafferty v. Avila, NY Slip Op 05147 (1st Dep't August 27, 2026)
