Johnnie F Shinholster v. Annapolis Hosp

Although I agree fully with the majority analysis, I write separately to elaborate on my views concerning § 11(A)(1) of the opinion.

I. PREVIOUS JURISPRUDENCE

Not only does the clear language of MCL 600.6304 support the majority interpretation, but I believe that this interpretation is consistent with this Court’s previous jurisprudence concerning an original tortfeasor’s liability in light of subsequent medical malpractice.1 In the context of medical malpractice, it has long been held that negligent medical treatment of an injury is foreseeable and is ordinarily not a superseding cause that…