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Small v. Wysong

Supreme Court of Michigan
May 2, 2008
480 Mich. 1200 (Mich. 2008)

Opinion

Nos. 135512, 135538.

May 2, 2008.

Courts of Appeals No. 275332.


Leave to Appeal Denied May 2, 2008:


Although I would deny leave to appeal with regard to the characterization by the Court of Appeals of plaintiffs two other claims, I believe that the court erred in characterizing as an ordinary-negligence claim plaintiff's claim that an x-ray should have been conducted following her appendectomy and before her incision was closed. Because this seems to me a matter significantly beyond common knowledge, Bryant v Oakpointe Villa Nursing Ctr, Inc, 471 Mich 411 (2004), I believe that this claim sounds in medical malpractice.


For the reasons stated in the Court of Appeals dissenting opinion, I would reverse the Court of Appeals judgment in part and affirm the trial court's ruling that plaintiffs complaint sounded in medical malpractice rather than ordinary negligence.

CORRIGAN, J. I join the statement of Justice YOUNG.


Summaries of

Small v. Wysong

Supreme Court of Michigan
May 2, 2008
480 Mich. 1200 (Mich. 2008)
Case details for

Small v. Wysong

Case Details

Full title:SMALL v. WYSONG

Court:Supreme Court of Michigan

Date published: May 2, 2008

Citations

480 Mich. 1200 (Mich. 2008)