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COX v. FLINT BD. OF HOSP. MANAGERS

Docket No. 118110, Calendar No. 2.

651 N.W.2d 356 (2002)

467 Mich. 1

Teresa COX, as a Next Friend of Brandon COX, a Minor, Teresa Cox and Carey Cox, Individually, Plaintiff-Appellees, v. BOARD OF HOSPITAL MANAGERS FOR THE CITY OF FLINT doing business as Hurley Medical Center, a Municipal Corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 25, 2002.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Richard D. Toth), Southfield, and Stephen N. Leuchtman, Grosse Pointe, for the plaintiffs-appellees.

Portnoy & Roth, P.C. (by Robert P. Roth and Marc S. Berlin), Bloomfield Hills, for the defendant-appellant.

Dickinson, Wright, P.L.L.C. (by Barbara H. Erard and Shari M. Oberg), and Honigman, Miller, Schwartz & Cohn, L.L.P. (by Chris E. Rossman), Detroit, for amici curiae the Michigan Health and Hospital Association.

Olsman, Ganos & Mueller, P.C. (by Jules B. Olsman), Berkley, and Kepes, Wine & McNeilage, P.C. (by Carol A. McNeilage), Southfield, for amici curiae the Michigan Trial Lawyer's Association.

Opinion

CORRIGAN, C.J.

In this medical malpractice case, we consider two issues: 1) whether a court may instruct a jury that it may find a hospital vicariously liable for the negligence of a "unit" of the hospital, and 2) whether M.C.L. § 600.2912a sets forth the standard of care for nurses in malpractice actions and, if so, which standard applies.

We hold that vicarious liability may not be...

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