M Civ JI 30.20 Medical Malpractice: Loss of Opportunity to Survive or Achieve a Better Result [ Instruction Deleted ]

The Committee deleted MCJI 30.20 based on the decisions in Stone v Williamson, 482 Mich 144 (2008) and O’Neal v St. John Hospital, 487 Mich 485 (2010). While the Committee believed the former instruction accurately reflected the decision in Fulton v William Beaumont Hosp, 253 Mich App 70 (2002), a majority of justices have stated, albeit in dicta, that Fulton was wrongly decided. Given the uncertainty of Fulton’s status and because there is a lack of consensus among the courts on how to apply the second sentence of MCL 600.2912a, the Committee believed that it should no longer offer the instruction.

Plaintiff cannot recover for loss of an opportunity to [ survive / achieve a better result ] unless the plaintiff proves that the [ decedent’s chance of survival / chance of receiving a better result ] fell more than 50 percentage points as a result of the professional negligence.

History

M Civ JI 30.20 was added October 1991. Amended September 2006. Deleted June 2011.