Opinion

Grossman v. Brown

  • 470 Mich. 593
  • 685 N.W.2d 198
Court
Michigan Supreme Court
Filed
Jul 20, 2004
Status
Published
Author
Cavanagh
On the bench
Weaver, Young, Markman, Taylor, Kelly, Cavanagh
Cited by
63 cases
Authority
More cited than 0.1%

discussing the differing statutory standards governing, respectively, the admission of an expert's standard-of-care testimony at trial and the adequacy of an expert's affidavit of merit

How later courts described this case

  • discussing the differing statutory standards governing, respectively, the admission of an expert's standard-of-care testimony at trial and the adequacy of an expert's affidavit of merit
  • explaining that counsel’s reasonable belief regarding an expert’s qualification does not control whether the expert can testify at trial
  • addressing identical language in MCL 600.2912d

Written by the judges who cited it.

The opinion

CAVANAGH, J.

(concurring in the result only). I concur with the majority that plaintiffs counsel had a reasonable belief that plaintiffs expert met the requirements for filing an affidavit of merit under MCL 600.2912d. However, I write separately because I do not believe that MCL 600.2169 requires an expert witness to match board certifications in all cases. 1 A proper reading of the statute indicates that board certifications and specialties must match only when the board certification or specialty is relevant to the alleged malpractice at issue. Therefore, I concur with the result reached in this case.

Kelly, J., concurred with Cavanagh, J.

I still strongly believe that MCL 600.2169 is unconstitutional, as discussed in my dissent in McDougall v Schanz, 461 Mich 15, 37-72; 597 NW2d 148 (1999).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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