Ross v. Roth

Plaintiffs Dorothy Ross (hereinafter plaintiff) and Joseph Ross commenced a medical malpractice action on March 12, 1981, against defendants Harvey G. Roth, D.O., Bruce T. Wheatley, M.D., John D. Sellers, D.O., and Holy Cross Hospital of Detroit, Inc. This was the second such lawsuit filed by plaintiffs. The first action was commenced on August 28, 1980, but was subsequently dismissed without prejudice for failure to serve any of the defendants within the 180 days required by the applicable court rule.

On August 10, 1978, defendant Sellers performed a voluntary termination of pregnancy upon…