In Estate of Samuel Corrado v Rieck, a rehabilitation patient suffered a respiratory emergency that resulted in his aspiration and eventual death. Subsequently, the personal representative of his estate brought an ordinary negligence action against a nurse and the care provider facility for not adhering to a standing order regarding aspirations. The issue before the court was whether the case sounded in medical malpractice or ordinary negligence.
Under Michigan law, to commit medical malpractice, a medical provider must breach a requisite standard of care. The court found that a standing order cannot establish a standard of care and that a nurse’s failure to adhere to a standing order sounded in medical malpractice and not ordinary negligence. Accordingly, summary disposition of plaintiff's claim was proper. The case illustrates some of the complexities of bringing an action against a medical provider.
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