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HERRINGTON v. ST. JOSEPH MERCY HOSP.

Docket No. 115693, COA No. 216753.

615 N.W.2d 215 (2000)

James HERRINGTON, as Personal Representative of the Estate of Betty Herrington, Plaintiff-Appellant, v. ST. JOSEPH MERCY HOSPITAL, a Michigan hospital corporation, Defendant-Appellee, and Dr. James Bengtson and Michigan Heart, P.C., a Michigan corporation, Jointly and Severally Defendants.

Supreme Court of Michigan.

June 2, 2000.

MICHAEL J. KELLY, J., dissents and states as follows:

I believe that the trial court improperly dismissed plaintiff's action against defendant St. Joseph Mercy Hospital. A hospital may be liable for the malpractice of a doctor who is not employed by the hospital. To establish liability, the plaintiff must show that the hospital did something to cause plaintiff reasonably to believe that the doctor was acting on behalf of the hospital. Chapa v. St. Mary's Hosp....

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