Michigan Supreme Court To Consider Significant Medical Malpractice Issues

The Michigan Supreme Court (MSC) recently entered orders in two cases signaling its intent to consider two important issues in medical malpractice litigation.  On October 20, 2021, the MSC granted the plaintiff's application for leave in Markel v William Beaumont Hospital from the Court of Appeals' unpublished opinion affirming the trial court's order dismissing claims of vicarious liability against the hospital based on the conduct of a hospitalist working as an independent contractor.  On October 22, 2021, the MSC granted oral argument on the defendants' application for leave in Horn v Swofford from the Court of Appeals' published opinion finding that the one most relevant specialty for expert qualification under MCL 600.2169(1) was neuroradiology rather than diagnostic radiology.  Opinions from the MSC in these two cases could produce significant changes in the applicable standards for hospital vicarious liability (commonly known as "Grewe" liability)