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.

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