Legal Opinion

O’neal v. St John Hospital & Medical Center

Michigan Supreme Court

Decided July 31, 2010No. Docket 138180 and 138181PublishedCited by 38 opinions

1Opinion of the CourtHathaway, J.

This case addresses the burden of proof necessary to establish proximate causation in a traditional medical malpractice action. At issue is whether the Court of Appeals properly reversed the trial court’s denial of summary disposition. The trial court ruled that plaintiff had established a question of fact on the issue of proximate causation sufficient to withstand a motion for summary disposition. The Court of Appeals reversed. It treated plaintiffs claim as a loss-of-opportunity claim instead of a traditional medical malpractice claim and held that plaintiff did not raise a genuine issue of…

2Cases cited15 opinions

  1. Skinner v. Square D Co.Michigan Supreme Court · 1994
  2. Wickens v. Oakwood Healthcare SystemMichigan Supreme Court · 2001
  3. Herald Co. v. City of Bay CityMichigan Supreme Court · 2000
  4. Kirby v. LarsonMichigan Supreme Court · 1977
  5. Brisboy v. Fibreboard Corp.Michigan Supreme Court · 1988

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3Cited by38 opinions

  1. Means v. United States Conference of Catholic BishopsCourt of Appeals for the Sixth Circuit · 2016
  2. Cichewicz v. SalesinMichigan Court of Appeals · 2014
  3. Mais v. Allianz Life Insurance Co. of North AmericaDistrict Court, W.D. Michigan · 2014
  4. Fisher Sand & Gravel Co. v. Neal A Sweebe, Inc.Michigan Court of Appeals · 2011
  5. Grange Insurance v. LawrenceMichigan Court of Appeals · 2012

33 more not listed; retrieve them via the Exa API.

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