Wickens v. Oakwood Healthcare System

The trial court directed a verdict in this medical malpractice case in defendants’ favor on the basis that plaintiff’s claim was barred by MCL 600.2912a(2), which precludes recovery for “loss of an opportunity to survive” unless the “opportunity was greater than 50%. ” We hold that a living person may not recover for loss of an opportunity to survive, and that plaintiff’s claim is therefore barred to the extent that it is based on such loss of opportunity. We further hold that the trial court nevertheless erred in dismissing plaintiff’s case in its entirety, because she has made additional…