Bishop v. St John Hospital

I respectfully dissent from the Court’s opinion. Plaintiffs requested an instruction on ordinary negligence which, it appears to me, was applicable under the facts presented at trial. Fogel v Sinai Hospital of Detroit, 2 Mich App 99; 138 NW2d 503 (1965); Gold v Sinai Hospital of Detroit, 5 Mich App 368; 146 NW2d 723 (1966). Although plaintiffs initially proceeded under a malpractice theory, GCR 1963, 118.3 permits the amendment of pleadings to conform to evidence adduced at trial provided that the amendment would not prejudice the opposing party. See, Denno v Providence Hospital, 19 Mich App…