Maloy v. ST. JOHN DETROIT RIVERVIEW HOSPITAL
Docket: 134099
Court: Michigan Supreme Court; October 24, 2007; Michigan; State Supreme Court
Original Court Document: View Document
The Michigan Supreme Court issued an order on October 24, 2007, regarding the case of Monya Maloy, Personal Representative of the Estate of Stephen J. Maloy, Deceased, against St. John Detroit Riverview Hospital. The Court reversed the judgment of the Court of Appeals and remanded the case to the Wayne Circuit Court to grant the defendant's motion for summary disposition. The decision emphasized that the plaintiff's amended complaint did not constitute ordinary negligence due to the established professional relationship between the decedent and the hospital. The Court referenced the case Bryant v. Oakpointe Villa Nursing Center, stating that the claim involved medical judgment, particularly concerning the preparation and review of the Continuing Patient Care (CPC) form by the decedent's surgeon, which pertained to aftercare for a colostomy. Additionally, the Court noted that separate discharge orders from the decedent's diabetes physician indicated the necessity of expert medical judgment regarding the decedent's capability to manage her own insulin. The Court concluded that jurors lack the common knowledge needed to assess the adequacy of the CPC form or the standards for patient information documentation, necessitating expert testimony to establish the standard of care. The plaintiff's failure to provide such expert testimony led to the conclusion that the claim was one of medical malpractice, justifying the grant of summary disposition in favor of the defendant. The order was certified as a true and complete copy by Corbin R. Davis, Clerk of the Michigan Supreme Court.