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Friedman v. Dozorc

Michigan Supreme Court
312 N.W.2d 585 (Mich. 1981)


Facts

Dr. Friedman (plaintiff) recommended that Leona Serafin have surgery to remove a kidney stone that would not pass. She did so and as a result of the surgery, she died. Attorneys Dozorc and Golden (defendants) brought a medical malpractice suit on behalf of Serafin’s son against Dr. Friedman. They did not produce any expert testimony at the trial showing that Dr. Friedman had breached any professional duty to Serafin. The trial judge in that case entered a directed verdict in favor of Dr. Friedman and the court of appeals affirmed. Dr. Friedman then brought suit against the defendants for malicious prosecution. Dr. Friedman did not allege any special injury. The Oakland County Circuit Court granted summary judgment to the defendants. The court of appeals reversed and Dr. Friedman appealed.

Rule of Law

Issue

Holding and Reasoning (Levin, J.)

Concurrence (Moody, J.)

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