Jenkins v. Patel

Defendants Jayesh K. Patel and Comprehensive Health Services appeal as of right from a judgment entered pursuant to a jury verdict that awarded plaintiff Margaret Jenkins, personal representative of the estate of Mattie Howard, $10 million in damages in this wrongful-death, medical-malpractice action. On the basis of our resolution of this appeal, it is necessary to address only two central issues. First, we must determine whether Michigan’s wrongful-death act (wda), MCL 600.2922, governs the award of noneconomic damages arising out of a death caused by medical-malpractice, thereby precluding…