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DAHER v. PRIME HEALTHCARE SERVICES

No. 358209.

1 N.W.3d 405 (2022)

344 Mich. App. 522

Nawal DAHER and Mohamad Jomaa, Co-Personal Representatives of the Estate of Jawad Jumaa, also known as the Estate of Jawad Jomaa, Plaintiffs-Appellees, v. PRIME HEALTHCARE SERVICES-GARDEN CITY, LLC, doing business as Garden City Hospital, Kelly W. Welsh, D.O., and Meagan Shady, D.O., Defendants-Appellants.

Court of Appeals of Michigan.

Decided December 1, 2022, 9:40 a.m.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Harrington, PC (by Sima G. Patel , Troy, Oakland County and Geoffrey N. Fieger , Southfield) for plaintiffs.

Corbet, Shaw, Essad & Bonasso, PLLC (by Daniel R. Corbet , Kenneth A. Willis , Warren and Elena T. Simopoulos ) for defendants.

Collins Einhorn Farrell PC, Southfield (by Michael J. Cook) for Michigan Defense Trial Counsel, Inc., Amicus Curiae.

Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit (by Christina A. Ginter) for Beaumont Health System, Amicus Curiae.

Rhoades McKee PC, Grand Rapids (by James R. Poll) for the Society for Healthcare Risk Management, Amicus Curiae.

Wyngaarden Law, PC, Okemos (by Michael L. Van Erp and Robert M. Wyngasrden) for Trinity Health, Amicus Curiae.

Before: Ronayne Krause, P.J., and Jansen and Swartzle, JJ.

In this medical malpractice action under the wrongful-death act, MCL 600.2922 defendants appeal by leave granted1 the trial court's denial of defendants' motion for partial summary disposition pursuant to MCR 2.116(C)(8) (failure to state a claim upon which relief can be granted) and MCR 2.116(C...

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