Mullins v. St Joseph Mercy Hospital

Defendants-appellants appeal by leave granted the trial court’s denial of defendant St. Joseph Mercy Hospital’s motion for summary disposition. We reverse because we are required by MCR 7.215(J)(1) to follow the holding in Ousley v McLaren, 264 Mich App 486; 691 NW2d 817 (2004). Fursuant to MCR 7.215(J)(2), we declare a conflict with Ousley and state that if we were not obligated to follow Ousley, we would affirm.1

*588i. FACTS

The decedent went to defendant hospital for a heart catheterization on March 22, 1999. Following catheterization and an angioplasty procedure performed by defendants, the…