Cox v. Flint Board of Hospital Managers

*5Corrigan, C.J.

In this medical malpractice case, we consider two issues: 1) whether a court may instruct a jury that it may find a hospital vicariously liable for the negligence of a “unit” of the hospital, and 2) whether MCL 600.2912a sets forth the standard of care for nurses in malpractice actions and, if so, which standard applies.

We hold that vicarious liability may not be premised on the negligence of a “unit” of a hospital and that substantial justice requires reversal. The “unit” instruction relieved plaintiffs of their burden of proof and did not provide the jury with sufficient…