Opinion

De Sanchez v. Genoves-Andrews

  • 161 Mich. App. 245
  • 410 N.W.2d 803
Court
Michigan Court of Appeals
Filed
Jul 7, 1987
Status
Published
Author
Burns
On the bench
Burns, Holbrook, Payant
Cited by
8 cases
Authority
More cited than 6.3%

The opinion

T. M. Burns, P.J.

(concurring). I concur with Judge Holbrook’s opinion in all respects except one.

I believe that it is misleading to describe "medical decision-making” as "inherently discretionary.” Even though a doctor may sometimes perform discretionary-decisional acts, there are other times when a doctor may act in a ministerial-operational capacity. Moreover, not all decisions which are made by a doctor are part of "medical decision-making.” I believe that is inappropriate to emphasize such terminology instead of looking to the facts of the case in light of the general guidelines of Ross v Consumers Power Co (On Rehearing), 420 Mich 567 ; 363 NW2d 641 (1984).

*265 Nevertheless, I believe that the complaint’s allegations of negligence indicate only that the doctor acted in a discretionary-decisional capacity when determining that plaintiffs’ decedent’s condition did not require a one-to-one suicide precaution watch or supervised use of the bathroom.

I concur with Judge Holbrook in all other respects.

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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