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McDOUGALL v. SCHANZ

Docket No. 178042.

554 N.W.2d 56 (1996)

218 Mich. App. 501

Edward McDOUGALL, Personal Representative of the Estate of Sandra M. McDougall, Plaintiff-Appellant/Cross-Appellee, v. Larry K. Schanz, Family Practice Center, Roger A. Shomo, D.O., P.C. and Marvin Coy, D.O., Defendants, and Reuben D. ELIUK, D.O., Defendant-Appellee/Cross-Appellant, and Frederick Broniak, D.O., Garden City Hospital, A. Kania, D.O., and Stephen B. Goldfarb, Defendants-Appellees, and Michigan Trial Lawyers Association, Michigan Defense Trial Counsel, and Michigan State Medical Society, Amici Curiae.

Court of Appeals of Michigan.

Decided August 27, 1996, at 9:10 a.m.

Released for Publication October 15, 1996.

Attorney(s) appearing for the Case

Lakin, Worsham & Victor, P.C. by Sanford N. Lakin, Larry A. Smith and Ron S. Kirsch, Southfield, for Edward McDougall.

O'Leary, O'Leary, Jacobs, Mattson, Perry & Mason, P.C. by John P. Jacobs, Southfield, for Reuben D. Eliuk.

Mark Granzotto, Detroit, for Amicus Curiae, Michigan Trial Lawyers Association.

Gross, Nemeth & Silverman, P.L.C. by James G. Gross, Detroit, for Amicus Curiae, Michigan Defense Trial Counsel.

Kerr, Russell and Weber by Richard D. Weber and Joanne G. Swanson, Detroit, for Amicus Curiae, Michigan State Medical Society.

Before TAYLOR, P.J., and FITZGERALD and P.D. HOUK, JJ.

FITZGERALD, Judge.

In this medical malpractice action arising out of the death of plaintiff's thirty-year-old wife from complications arising from undiagnosed diabetes, plaintiff appeals as of right the trial court's finding that M.C.L. § 600.2169(1); M.S.A. § 27A.2169(1) is constitutional and that plaintiff's only expert, Dr. Mark Robia, did not meet the qualifications set forth in the statute to testify against...

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