HALLORAN v. BHAN

Docket No. 121523. Calendar No. 8.

683 N.W.2d 129 (2004)

Eileen HALLORAN, temporary personal representative of the estate of Dennis J. Halloran, Deceased, Plaintiff-Appellee, v. Raakesh C. BHAN, M.D., and Critical Care Pulmonary Medicine, P.C., Defendants-Appellants, and Battle Creek Health Systems, Defendant.

Supreme Court of Michigan.

Decided July 20, 2004.


Attorney(s) appearing for the Case

Blaske and Blaske, P.L.C. (by E. Robert Blaske and Thomas H. Blaske), Battle Creek, MI, for the plaintiff.

Fraser Trebilcock Davis & Dunlap, P.C. (by Mark A. Bush and Graham K. Crabtree), Lansing, MI, for defendants Raakesh C. Bhan, M.D. and Critical Care Pulmonary Medicine, P.C.

Johnson & Wyngaarden, P.C. (by Robert M. Wyngaarden and Michael L. Van Erp), Okemos, MI, for defendant Battle Creek Health Systems.

Kerr, Russell and Weber, P.L.C. (by Richard D. Weber and Joanne Geha Swanson), Detroit, MI, for amicus curiae the Michigan State Medical Society.


OPINION

CORRIGAN, C.J.

In this interlocutory appeal, we must determine the meaning of the medical malpractice expert witness qualification requirements of M.C.L. § 600.2169(1)(a). Here, plaintiff's proffered standard-of-care witness did not possess the same board certification as defendant doctor, although both had the same subspecialty certificate in their respective fields.

We hold that M.C.L. ...

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