· June 3, 2016. Whether or not a patient fall at a healthcare facility counts as medical malpractice is not simple, according to an article on the Outpatient Surgery website. Depending on the person and how and where she fell, a facility could be sued for either medical malpractice or general negligence. Either way, one of the most obvious ways to prevent slips, trips and falls is to ensure the floors are clean, dry and free of tripping ….