Friday, January 6, 2012

Medical Malpractice-standard of care in light of the facilities available to the defendant physician.

In Estate of Jilek v Stockson, ___ Mich ___ (#141727, 12/21/2011) the Supreme Court held that the trial court correctly determined as a matter of law that the appropriate standard of care was “family practice” because the defendant physician is board-certified solely in family medicine. Further, pursuant to MCL 600.2912a, the trial court properly allowed the jury to consider that standard of care in light of the facilities available to the defendant physician — an urgent care center, not an emergency medical facility. The trial court did not abuse its discretion in ruling that defendants’ two experts were qualified to provide “standard of care” testimony under MCL 600.2169 because they satisfied the specific qualifications of MCL 600.2169(a)-(b).

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