Wickens v. Oakwood Healthcare System

Supreme Court of Michigan · Decided 2001-07-24

Cited by 195 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Young, J. The trial court directed a verdict in this medical malpractice case in defendants’ favor on the basis that plaintiff’s claim was barred by MCL 600.2912a(2), which precludes recovery for “loss of an opportunity to survive” unless the “opportunity was greater than 50%. ” We hold that a living person may not recover for loss of an opportunity to survive, and that plaintiff’s c…

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