Legal Opinion

Cates v. Bald Estate

Michigan Court of Appeals

Decided August 13, 1974No. Docket 17515, 17516PublishedCited by 17 opinions

1Opinion of the CourtO’Hara, J.

This is a medical malpractice case. The original malpractice charged occurred in 1949. A surgical needle 4 to 5 centimeters long was left in the lower quadrant of plaintiff’s abdomen. The operating surgeon is deceased.

The specific grounds of negligence seem to be fraudulent concealment of the presence of the needle from the patient. This despite the fact that there is the admission in plaintiff wife’s deposition that she told two of the treating doctors of the presence of the needle over the period specifically in 1962 and in 1969.

As to defendant Ford Hospital it is alleged that in…

2Cases cited6 opinions

  1. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  2. Rizzo v. KretschmerMichigan Supreme Court · 1973
  3. Durant v. StahlinMichigan Supreme Court · 1965
  4. Johnson v. CaldwellMichigan Supreme Court · 1963
  5. Dyke v. RichardMichigan Supreme Court · 1973

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3Cited by17 opinions

  1. Kelleher v. MillsMichigan Court of Appeals · 1976
  2. Leary v. RuppMichigan Court of Appeals · 1979
  3. Weiss v. BigmanMichigan Court of Appeals · 1978
  4. Heisler v. RogersMichigan Court of Appeals · 1982
  5. Nunley v. TurnerMichigan Court of Appeals · 1975

12 more not listed; retrieve them via the Exa API.

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