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DYER v. TRACHTMAN

Docket No. 123590, Calendar No. 11.

679 N.W.2d 311 (2004)

470 Mich. 45

Marquis DYER, Plaintiff-Appellee, v. Edward P. TRACHTMAN, D.O., Defendant-Appellant.

Supreme Court of Michigan.

Decided May 5, 2004.

Attorney(s) appearing for the Case

Robert J. Dinges, Detroit, for the plaintiff.

Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Paul J. Manion and Amy E. Schlotterer), Detroit, for the defendant.

Martin L. Critchell, Detroit, for amicus curiae the Michigan Self-Insurers' Association.

Opinion

MARILYN J. KELLY, J.

In this case, plaintiff alleges that the defendant physician negligently injured him while performing an independent medical examination. The issue is whether plaintiff has a cause of action in ordinary negligence or in medical malpractice.

The Court of Appeals concluded that the cause is grounded in ordinary negligence. We disagree and conclude that it sounds in medical...

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