The Fourth District Court of Appeal settled a dispute Wednesday in a lawsuit against a nurse by ruling 2-1 that the claim fits under Florida’s medical malpractice statute, despite the plaintiff’s protestations.

Patient-turned-plaintiff Michael Slusher argued that his lawsuit involved an ordinary negligence claim because a nurse allegedly answered her phone while helping Slusher, after she knew he was at risk for falls. Slusher suffered fractures and torn joints in his knee from the fall, according to his complaint.

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