Dawe v. Dr Reuven Bar-Levav & Associates, Pc

In this case we must decide whether a plaintiff-patient may pursue a common-law medical malpractice claim against his or her mental health professional when the mental health professional allegedly negligently placed the plaintiff in danger of harm at the hands of another patient or whether the Mental Health Code, in MCL 330.1946, abrogated such a common-law claim. We hold that MCL 330.1946 did not abrogate a plaintiff-patient’s common-law medical malpractice claim when the mental health professional’s separate duty arising out of his or her special relationship with the patient would apply…