Opinion
357637
08-25-2021
LC No. 2020-184320-NH
Deborah A. Servitto Colleen A. O'Brien Judges
ORDER
Christopher M. Murray Presiding Judge
The motion for immediate consideration is GRANTED.
The motion to waive the requirements of MCR 7.209 is GRANTED.
In lieu of granting the application, the Court orders, pursuant to MCR 7.205(E)(2), that the June 4, 2021 order of the Oakland Circuit Court compelling discovery from defendants hereby is REVERSED IN PART. The circuit court abused its discretion in directing defendants to disclose internal protocols, rules and regulations, where plaintiff has not shown that they are relevant to his medical malpractice claim, Gallagher v Detroit-Macomb Hosp Ass'n, 171 Mich App 761; 431 N.W.2d 90 (1988), including the standard of care and the breach of that standard. See Jilek v Stockson, 490 Mich. 961; 805 N.W.2d 852 (2011). The case is REMANDED to the circuit court for further proceedings consistent with this order.
The motion for stay is DENIED.
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.