Month: December 2022

December 2022

Supreme Court Lowers Bar to Prove Agency, Increases Risk of Hospital Liability

In a 4-3 order published last week, a majority of the Michigan Supreme Court reversed a Court of Appeals (COA) decision such that a plaintiff can more easily establish ostensible agency – that a hospital is liable for the actions of a non-employed provider. A vehement dissent that included the

December 2022

New COA Opinions Today: Denney Damages Allowed in Certain Medical Malpractice Cases

In two published opinions released today, the Court of Appeals affirmed that plaintiffs in wrongful death medical malpractice cases can recover what have come to be known as Denney damages – the lost future earning capacity of the decedent. Such damages are recoverable when there is a sufficient evidentiary basis