Gromek, Bendure & Thomas (by Daniel J. Wright) for plaintiffs Dziurlikowski.
Schureman, Frakes, Glass & Wulfmeier (by Cheryl L. Chandler) for defendant Porretta.
Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Michael L. Updike) for defendants Morley and South Oakland Anesthesia Associates, P.C.
Sullivan, Ward, Bone, Tyler, Fiott & Asher, P.C. (by Michaelle A. Thomas), for defendants William Beaumont Hospital and Kucherenko.
Amici Curiae:
Sullivan, Ward, Bone, Tyler, Fiott & Asher, P.C. (by Michelle A. Thomas), for William Beaumont Hospital, H.A. Klewicky, M.D., and David Reifler, M.D.
Stanton, Bullen, Nelson, Moilanen & Klaasen, P.C. (by Charles A. Nelson), for A.F. Kull, D.O.
Supreme Court of Michigan.
BOYLE, J.
We granted leave in these cases to resolve the question whether it is error in a medical malpractice action for the trial court to instruct the jury that a doctor or surgeon is not a guarantor of results. In Dziurlikowski, we hold that the instruction given was erroneous, and we reverse the jury's verdict and remand the case for a new trial. We affirm the jury's verdict in Jones because we find that...
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