Dyer v. Trachtman

In this case, plaintiff alleges that the defendant physician negligently injured him while performing an independent medical examination. The issue is whether plaintiff has a cause of action in ordinary negligence or in medical malpractice.

The Court of Appeals concluded that the cause is grounded in ordinary negligence. We disagree and con- elude that it sounds in medical malpractice. Therefore, we reverse the decision of the Court of Appeals, reinstate plaintiffs medical malpractice claim, and remand this case to the trial court for further proceedings.

I. FACTS

Plaintiff alleged in an…