Cases

Sheridan v. West Bloomfield Nursing & Convalescent Ctr., 2007 Mich. App. LEXIS 613 (Mich. Ct. App. 2007)

Summary judgment reversed. The dispositive issue was whether plaintiff’s claims were for ordinary negligence or medical malpractice, which was reviewed de novo. Two questions bear on that issue: (1) whether the claim pertains to an action occurring within the course of a professional relationship (undisputed in this case); and (2) whether the claim raises questions of medical judgment beyond the realm of common knowledge and experience. Another way to phrase the second question is whether it raises questions involving medical judgment. The question in this case, whether two nursing assistants failed to maintain a secure grip on the plaintiff while moving her, did not require expert testimony.

Published by
David McGuffey

Recent Posts

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

1 day ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

4 weeks ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

4 weeks ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

1 month ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

1 month ago

Market Observations from David Hultstrom

From time to time we re-post David Hultstrom's Financial Foundations. Mr. Hultstrom, who is a…

1 month ago