The Michigan Supreme Court recently issued an opinion stemming from a plaintiff’s medical malpractice case involving the misdiagnosis of a cancerous tumor. The plaintiff and her husband filed a lawsuit against a medical center and a physician, alleging that they erroneously advised the plaintiff that a tumor in her breast was benign. After the diagnosis, […]
On May 23, 2017, Dr. Amy J. Reed, an anesthesiologist and mother of six children, passed away in her home at the age of 44. Her life was cut short by an aggressive form of uterine cancer, leiomyosarcoma. For her husband, the tragedy of her early death is entwined with regret and anger, as the […]
The allegations laid out in a plaintiff’s complaint are the basis for the claim. Thus, the manner in which a case is pled can have an enormous impact on how it proceeds through the court system. Earlier this year, the Michigan Supreme Court issued an opinion requiring the court to determine whether the allegations in […]
On December 19, 2012, a doctor performed a Roux-en-Y gastric bypass and hernia repair on a patient. The doctor performed the gastric bypass procedure laparoscopically, but he found it necessary to open the abdomen to complete the hernia repair. During his recovery, the plaintiff vomited numerous times, including his intestinal contents. The doctor determined that […]
The Michigan Court of Appeals recently affirmed the lower court’s entry of a $151,093.23 judgment for a plaintiff, based on the jury’s ruling in a medical malpractice action.In August 2011, a dentist extracted one of the plaintiff’s wisdom teeth. From the time of the extraction, the plaintiff experienced numbness on the left side of her tongue. When she […]
The Michigan Court of Appeals recently affirmed the jury’s verdict that a defendant doctor was not professionally negligent in a medical malpractice action.Plaintiffs Irwin H. Estrine, D.O., and his wife, Seema Estrine, alleged that defendant Dr. Singer committed malpractice related to Irwin’s spinal surgery. Dr. Singer performed a tubular dilation microdiscectomy on Irwin in April […]
The Michigan Court of Appeals recently reversed a lower court’s grant of summary judgment to defendants, holding the lower court erroneously found the plaintiffs’ medical malpractice claim to be time-barred.In March 2007, plaintiff Richard Krueger visited his primary care doctor, Mr. Giovannucci, after experiencing abdominal pain and diarrhea. Krueger was referred to Dr. Meisner, a gastroenterologist. […]
The Michigan Court of Appeals recently upheld a prior decision concluding that the lower court improperly granted summary judgment to a defendant in a medical malpractice case, despite the Michigan Supreme Court’s reversal of a case on which the appeals court initially relied. The court reasoned that the reversed case presented a factually distinct situation from […]
The Michigan Court of Appeals recently affirmed a lower court’s dismissal of a medical malpractice complaint with prejudice due to the expert’s lack of experience.The plaintiffs alleged that Dr. Kenneth Markiewicz, a board-certified specialist in otorhinolaryngology, was negligent while performing a procedure known as a canaloplasty on plaintiff Robert Walworth’s ear canal to remove bony growths. The […]
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