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DANHOFF v. FAHIM

Docket No. 163120 Calendar No. 1.

15 N.W.3d 262 (2024)

513 Mich. 427

Lynda DANHOFF and Daniel Danhoff, Plaintiffs-Appellants, v. Daniel K. FAHIM, M.D., and Michigan Head & Spine Institute, Defendants-Appellees, and Daniel K. Fahim, M.D., PC, Kenneth P. D'Andrea, D.O., and William Beaumont Hospital, doing business as Beaumont Hospital-Royal Oak, Defendants.

Supreme Court of Michigan.

Decided July 8, 2024.

Attorney(s) appearing for the Case

Sommers Schwartz, PC (by David R. Parker, Royal Oak, and John M. Malone, Southfield) and Driggers, Schultz & Herbst, Troy (by Jeffrey S. Cook) for Lynda Danhoff and Daniel Danhoff.

Saurbier Law Firm, PC (by Scott Saurbier, St. Clair Shores, and Stacey J. McDaniel) for Daniel K. Fahim, M.D., and Michigan Head & Spine Institute.

Kerr, Russell & Weber, PLC, Detroit (by Joanne Geha Swanson and Jacquelyn A. Klima) for the Michigan State Medical Society and the American Medical Association, amici curiae.

Bush Seyferth, PLLC (by Stephanie A. Douglas, Derek J. Linkous, Troy, and Amanda M. Navarre) and James Holcomb, Lansing for the Michigan Chamber of Commerce and the Chamber of Commerce of the United States of America, amici curiae.

Plunkett Cooney, Bloomfield Hills (by Mary Massaron) for Lawyers for Civil Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.

OPINION

In this medical malpractice case, we must determine whether the trial court properly granted defendants' motion for summary disposition. "A plaintiff in a medical malpractice action must establish (1) the applicable standard of care, (2) breach of that standard of care by the defendant, (3) injury, and (4) proximate...

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