WICKENS v. OAKWOOD HEALTHCARE SYSTEM

Docket No. 117731, Calendar No. 11.

631 N.W.2d 686 (2001)

Sandra J. WICKENS and David Wickens, Plaintiff-Appellees, and Blue Cross/Blue Shield, Intervening Plaintiff, v. OAKWOOD HEALTHCARE SYSTEM, an assumed name for Oakwood Healthcare, Inc., Belleville Health Care Center, an assumed name for Oakwood Healthcare Inc., Dr. Christopher Pabian and Oakwood Healthcare Center-Canton, an assumed name for Oakwood Healthcare, Inc., Defendants-Appellants, and Dr. Patricia Nester, Defendant.

Supreme Court of Michigan.

Decided July 24, 2001.


Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic & Domol (by Barbara H. Goldman and Richard E. Shaw), Southfield, MI, for plaintiffs-appellees.

Willmarth, Tanoury, Ramar, Corbet, Garves & Shaw (by Anthony J. Paradiso, Elizabeth L. Sokol, and Daniel R. Corbet), Detroit, MI, for defendants-appellants.

Fraser, Trebilcock, Davis & Dunlap, P.C. (by Graham K. Crabtree), Lansing, MI, for amicus curiae ProNational Insurance Company and MHA Insurance Company.


Opinion

YOUNG, J.

The trial court directed a verdict in this medical malpractice case in defendants' favor on the basis that plaintiff's claim was barred by M.C.L. § 600.2912a(2), which precludes recovery for "loss of an opportunity to survive" unless the "opportunity was greater than 50%." We hold that a living person may not recover for loss of an opportunity to survive, and that plaintiff's claim is therefore barred to the extent that it is based...

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