Negligence
Zurcher v. Mercy Mem'l Hosp. Corp., No. 05-70371 (E.D. Mich. June 22, 2005)
A
patient who was injured in a fall from a shower-chair filed a complaint against
a hospital alleging that the hospital was negligent, claiming that two of
the four legs on the chair were missing rubber stops, causing it to tip over
when the patient was seated. The hospital sought to classify the action as
one of medical malpractice, thereby requiring the patient to meet the procedural
requirements of the Michigan Compiled Laws, and made a motion for summary judgment.
In order to justify a medical malpractice claim, Michigan law requires that
the claim must involve medical judgment beyond the scope of common knowledge.
The United States District Court of the Eastern District of Michigan found
that because the allegations were limited to the condition of the chair, there
was no medical judgment involved. Therefore, the hospital's reclassification
of the claim and its motion for summary judgment were both denied.