Larkin v. Otsego Memorial Hospital Ass'n

Plaintiffs appeal as of right an order granting defendant summary disposition under MCR 2.116(C)(7) (release). Plaintiffs claim that the trial court erred in ruling that the stipulation and order to dismiss defendant Kwang S. Kim, M.D., only, with prejudice and without costs, was a consent judgment entitling defendant hospital to dismissal as well. We agree and reverse.

This case involves a claim of malpractice against Dr. Kim, alleging failure to diagnose plaintiff Herbert Larkin’s lung cancer after viewing his x-rays, and a claim of vicarious liability against the hospital. Following an…