Dorothy Small v. Stephen T Wysong Md ( 2008 )

Order Michigan Supreme Court
Lansing, Michigan
May 2, 2008 Clifford W. Taylor,
Chief Justice
135512 Michael F. Cavanagh
Elizabeth A. Weaver
DOROTHY SMALL, Marilyn Kelly
Plaintiff-Appellee, Maura D. Corrigan
v SC: 135512 Robert P. Young, Jr.
COA: 275332 Stephen J. Markman,
Justices
Van Buren CC: 05-054407-NH
STEPHEN T. WYSONG, M.D. and
HEALTHCARE MIDWEST,
Defendants-Appellants,
and
SOUTH HAVEN COMMUNITY HOSPITAL,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 13, 2007
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court prior to the
completion of the proceedings ordered by the Court of Appeals.
MARKMAN, J., concurs in part and dissents in part and states as follows:
Although I would deny leave to appeal with regard to the characterization by the
Court of Appeals of plaintiff’s 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.
YOUNG, J., dissents and states as follows:
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 plaintiff’s
complaint sounded in medical malpractice rather than ordinary negligence.
CORRIGAN, J., joins the statement of YOUNG, J.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 2, 2008 _________________________________________
d0429 Clerk