Lawsuit for Falling Because of a Dizzy Spell In a Doctor's Office

In McDonald v. Ross, 213 AD2d 463 [2d Dept 1995]), the plaintiff alleged that she experienced a dizzy spell while attempting to dismount from an examination table in defendant physician's office, and that as a result, she fell to the floor and fractured her wrist. The plaintiff claimed that the defendant's negligence consisted of his leaving her unattended after he finished examining her and his failure to provide her with assistance in dismounting from the table. The plaintiff's medical records indicated that the plaintiff had a long-standing history of dizzy spells and that she had experienced the symptoms several times prior to the occurrence. The Appellate Division concluded that an issue of fact existed with respect to whether the defendant should have foreseen the occurrence.