When ruling whether a complaint sounds in medical malpractice, courts may consider whether: 1.) the defendants are sued in their capacities as medical professionals; 2.) the alleged negligence is of a specialized medical nature that arises out of the medical, professional-patient relationship; and 3.) the alleged negligence is substantially related to medical diagnosis or treatment.
Lefkimiatis v. Luchini Orthopedic Surgeons P.C.
April 25, 2012