Cudnik v. William Beaumont Hospital

Presenting an issue of first impression in Michigan, this case involves the validity of an exculpatory agreement executed by plaintiff’s decedent before receiving radiation therapy at defendant hospital. The trial court granted summary disposition to defendant on the ground that "[p]laintifFs decedent signed a valid release of liability between the parties.” We reverse and remand for further proceedings.

In March and April, 1985, Joseph Cudnik re ceived postoperative radiation therapy at William Beaumont Hospital after undergoing surgery for prostate cancer. Before receiving the radiation…