Legal Opinion

Guardiola v. Oakwood Hospital

Michigan Court of Appeals

Decided July 6, 1993No. Docket 145000PublishedCited by 3 opinions

1Opinion of the CourtCorrigan, J.

In this medical malpractice action, *526plaintiff appeals the grant of partial summary disposition to defendant pursuant to MCR 2.116(C) (10). We reverse and remand for further proceedings.

Joanne Guardiola was born at Oakwood Hospital on August 25, 1956. After her birth, she developed hyperbilirubinemia, which led her to suffer permanent mental disabilities. Plaintiff did not sue defendants for medical malpractice until 1990, some thirty-four years later. The counts against defendant hospital alleged both direct negligence in selecting and training its employees and vicarious liability for the…

2Cases cited34 opinions

  1. Parker v. Port Huron HospitalMichigan Supreme Court · 1960
  2. Husted v. Consumers Power Co.Michigan Supreme Court · 1965
  3. Downes v. Harper HospitalMichigan Supreme Court · 1894
  4. Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
  5. McCART v. J WALTER THOMPSON USA, INCMichigan Supreme Court · 1991

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3Cited by3 opinions

  1. Dresden v. Detroit MacOmb Hospital Corp.Michigan Court of Appeals · 1996
  2. Federal Trade Commission v. Finacial Education Services, IncDistrict Court, E.D. Michigan · 2023
  3. Guardiola v. Oakwood HospitalMichigan Court of Appeals · 1993

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