This peremptory order issued by the Michigan Supreme Court on September 25, 2013, reverses the Court of Appeals opinion in Tondreau ex rel Estate of Peetz v. Sachinders S. Hans, M.D., P.C.coa.opn. In this medical malpractice case plaintiff alleged malpractice against the defendants and claimed a procedure "a carotid endarterectomy" was the cause of "chronic [...]
Category: Medical Malpractice
Court of Appeals Rules Medical Malpractice Suit Required to Allege Cause of Action for Improper Ambulation of Diabetic Patient Recovering from Knee Surgery As Within Realm of Professionalized Knowledge and Training
The Michigan Court of Appeals has ruled a plaintiff must pursue a cause of action sounding in medical malpractice against a hospital where plaintiff broke her leg when hospital staff were removing her to ambulate as part of her recovery from knee surgery. In Lukas v. William Beaumont Hospital (1), Plaintiff filed a lawsuit against the [...]
Supreme Court Holds Late-Filed Notice of Intent Cannot Toll Medical Malpractice Statute of Limitations and Reverses Court of Appeals
On April 27, 2013, the Supreme Court issued an order reversing the Court of Appeals decision in LaJoice v. Northern Michigan Hospitals, Inc., et al (COA Opinion), in which the Court of Appeals held that a late-filed notice of intent to file suit (filed after the statute of limitations expired) could not toll the period of [...]
Michigan Supreme Court Grant Oral Argument to Consider Causation and Speculative Injury Claim in Medical Malpractice Action
The Supreme Court has granted oral argument on an application in a medical malpractice case to consider the Court of Appeals' majority ruling that speculative injuries can be the basis for damages in a medical malpractice case. Â The Court specifically requests the litigants to brief and address whether the Court of Appeals' majority ruling is [...]