Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued April 4, 1990.
Decided September 26, 1990.
Attorney(s) appearing for the Case
Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Lee R. Franklin) for the plaintiff.
Plunkett & Cooney, P.C. (by Robert G. Kamenec), for defendant Memorial Hospital.
Weipert & Weipert (by Michael A. Weipert) for defendant Kelso.
Amici Curiae:
Dickinson, Wright, Moon, Van Dusen & Freeman (by Barbara Hughes Erad and Robert W. Powell) for the Michigan Defense Trial Counsel.
Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Susan Healy Zitterman), for the Michigan Hospital Association.
Schureman, Frakes, Glass & Wulfmeier (by Priscilla L. Schwarze) for the Michigan Society of Hospital Risk Management.
Mark Granzotto, Monica Linkner, and Charles P. Burbach for the Michigan Trial Lawyers Association.
Supreme Court of Michigan.
LEVIN, J. (to affirm).
The deposition testimony of plaintiff Ruby Falcon's1 expert witness tended to show that had the defendant physician, S.N. Kelso, Jr., followed the procedures the expert witness claims should have been followed, the patient, Nena J. Falcon, would have had a 37.5 percent opportunity2 of surviving the medical accident that was a cause of...
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