Burton v. Smith

Plaintiff alleges that defendant, a physician, was negligent and unskillful in performing an operation on Ralph D. Chafen. At the close of plaintiff’s proofs, the trial court found no cause of action and directed a verdict for the defendant. The case is before this Court by right of appeal.

The only issue presented is whether the trial court erred in its determination that the plaintiff failed to meet the burden of proof necessary to support a negligence action based on medical malpractice.

In Michigan, there are presently two standards of care: one standard is for specialists and the other is…