Wilcoxson-Bey v. Providence Hospital & Medical Centers, Inc

Michigan Supreme Court

Wilcoxson-Bey v. Providence Hospital & Medical Centers, Inc

765 N.W.2d 344, 483 Mich. 1023

CourtMichigan Supreme Court

DecidedMay 29, 2009

Docket138033

StatusPublished

This text of 765 N.W.2d 344 (Wilcoxson-Bey v. Providence Hospital & Medical Centers, Inc) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilcoxson-Bey v. Providence Hospital & Medical Centers, Inc, 765 N.W.2d 344, 483 Mich. 1023 (Mich. 2009).

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Opinion

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the Wayne Circuit Court’s order denying the defendant’s motion for summary disposition with regard to causation. When the record is reviewed in its entirety, there was sufficient evidence presented to demonstrate that daily fetal monitoring is effective in the vast majority of cases in detecting cord compression and fetal distress — which are events that precede cord occlusion and that signal the need for intervention to prevent injury. The actual timing of the occlusion itself is not relevant to the question of whether it is more likely than not that daily fetal monitoring would have discovered cord compression and fetal distress. We therefore remand this case to the Court of Appeals for consideration of the other issues raised by the defendant that were not addressed in its opinion. Court of Appeals No. 279146.

Corrigan, J. I would grant leave to appeal or hold oral argument on the application.

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Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the Wayne Circuit Court’s order denying the defendant’s motion for summary disposition with regard to causation. When the record is reviewed in its entirety, there was sufficient evidence presented to demonstrate that daily fetal monitoring is effective in the vast majority of cases in detecting cord compression and fetal distress — which are events that precede cord occlusion and that signal the need for intervention to prevent injury. The actual timing of the occlusion itself is not relevant to the question of whether it is more likely than not that daily fetal monitoring would have discovered cord compression and fetal distress. We therefore remand this case to the Court of Appeals for consideration of the other issues raised by the defendant that were not addressed in its opinion. Court of Appeals No. 279146.

Corrigan, J. I would grant leave to appeal or hold oral argument on the application.

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Bluebook (online)

765 N.W.2d 344, 483 Mich. 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilcoxson-bey-v-providence-hospital-medical-centers-inc-mich-2009.