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Heather Swanson v Client

Area of Law:
Medical Malpractice Defense

Michigan Court of Appeals

Order Vacating the Verdict and Judgment

Plaintiff brought a claim alleging damage to aorta during laparoscopic surgery to remove an ovarian cyst. Plaintiff prevailed at trial, Defendants appealed and prevailed at the Court of Appeals. The Court of Appeals entered an unpublished opinion holding that because Plaintiff’s Notice of Intent was defective, the trial court erred by denying Defendant’s Motion for Judgment Notwithstanding the Verdict. The court found that Plaintiff’s NOI was defective for two reasons: 1) it did not contain a proper statement concerning the alleged action that should have been taken to achieve compliance with the standard of care, and 2) it failed to sufficiently specify proximate cause by not detailing the manner in which Defendants’ alleged breach of the standard of care factually or foreseeably caused injury to Plaintiff.

Ronald Chapman

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