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 The Court of Appeals entered an unpublished opinion holding that because Plaintiff’s Notice of Intent was defective, the trial court erred by denying Defendant’s Motion for Judgment Notwithstanding the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.
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.