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CLELAND v. BRONSON HEALTH CARE GROUP, INC.

No. 89-1627.

917 F.2d 266 (1990)

Clair D. CLELAND, Jr. and Janet Cleland, Co-Personal Representatives of the Estate of Clair Devern Cleland, III, Plaintiffs-Appellants, v. BRONSON HEALTH CARE GROUP, INC., a Michigan Corporation, Bronson Methodist Hospital, a Michigan Corporation, Individually and Doing Business as South-Western Michigan Trauma and Emergency Center of Bronson and Expresscare, and Southwestern Michigan Emergency Service, P.C., a Michigan Professional Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1990.

Rehearing and Rehearing Denied December 6, 1990.

Attorney(s) appearing for the Case

Paul L. Nelson (argued), Tolley, Fisher & Verwys, Grand Rapids, Mich., for plaintiffs-appellants.

Jon D. Vander Ploeg (argued), Lance R. Mather, William W. Jack, Smith, Haughey, Rice & Roegge, F. William McKee, Joel S. Huyser, Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, Mich., for defendants-appellees.

Before: KENNEDY and BOGGS, Circuit Judges; and HULL, Chief District Judge.

Rehearing and Rehearing En Banc Denied December 6, 1990.

BOGGS, Circuit Judge.

The Clelands took their 15-year-old son to the Bronson Methodist Hospital emergency room in Kalamazoo, Michigan, complaining of cramps and vomiting. He was examined by a doctor of the defendant Bronson Health Care Group, who diagnosed influenza and, four hours later, discharged the patient. Unfortunately, this diagnosis was incorrect. Young Cleland was actually suffering from intussusception...

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