In Friedmann v. New York Hospital-Cornell Med. Ctr., 65 A.D.3d 850 (1st Dep't 2009) which involved a resident-patient at an extended care facility whose leg ruptured after striking a bed rail, the First Department affirmed the trial court's decision that this act sounded in negligence, and not medical malpractice, because a trier of fact can evaluate, without the benefit of expert testimony, whether allegedly permitting the decedent's leg to strike the bed rail while she was being prepared for dinner constituted a negligent act; whether the alleged failure to respond to her calls for assistance was negligent under the circumstances; and whether the delay, if any, in calling 911 was negligent. (884 N.Y.S.2d at 734.)