Hospitals usually make decisions regarding patient activities based on medical needs and potentially adverse results of not receiving necessary treatment. Whether a patient can safely be discharged or should remain for care or observation is a typical medical decision. Once the decision is made that the patient no longer needs care or observation, determining how and when the patient will return home may or may not be made by medical professionals.

The evaluations of whether the patient's seizures required treatment and of the necessity for further observation were medical decisions. Once a medical provider had determined that the patient no longer needed observation or treatment in a hospital setting, his medical care had essentially ended. If the hospital personnel had determined that he should be taken to the hospital exit in a wheelchair, there could be differing determinations as to whether that transport was or was not medical care, if somehow he had been injured while being transported.

The medical center was not asked to make an evaluation of the patient's ability to return home on his own; although, it could have been interpreted as a medical decision. The medical center was informed that the patient could not do so, ignored the information and allowed him to leave. The decision to send the patient out alone was not a medical decision, but even if it was, a jury would not need expert testimony to understand the issues, nor would an expert have any greater ability to understand the issues than would the jury.