Feyz v. Mercy Memorial Hospital
Michigan Court of Appeals
1DissentMurray, P.J.
I agree with the majority’s conclusion that plaintiffs statutory civil rights claims against defendants are subject to judicial review and that the peer review statute does not provide the hospital immunity to such claims. However, I disagree in part with the rationale underpinning the immunity issue, and with the majority’s conclusion that Hoffman v Garden City Hosp-Osteopathic, 115 Mich App 773; 321 NW2d 810 (1982), and its progeny do not preclude judicial review of contract and contract-related tort claims that encompass a challenge to a private hospital’s decision regarding a physician’s…
2Cases cited19 opinions
- Wyatt v. ColeSupreme Court of the United States · 1992
- MacK v. City of DetroitMichigan Supreme Court · 2002
- Derderian v. Genesys Health Care SystemsMichigan Court of Appeals · 2004
- Moses Muzquiz, Jr., M.D., (94-1088), Cross-Appellee v. W.A. Foote Memorial Hospital, Inc., (94-1089), (94-1420)Court of Appeals for the Sixth Circuit · 1995
- Shulman v. Washington Hospital CenterDistrict Court, District of Columbia · 1963
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