Merchand v. Carpenter

2016 Mich. App. LEXIS 1462 (2016)

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Merchand v. Carpenter

Michigan Court of Appeals
2016 Mich. App. LEXIS 1462 (2016)

SC

Facts

Richard Carpenter (defendant) performed gland surgery on Patricia Merchand (plaintiff). After the surgery, Merchand suffered from a denervation of her tongue, making it difficult to swallow and causing her to bite her tongue frequently, to have excess saliva on that side of her mouth, and to spit when talking, among other things. Merchand reported these symptoms to Carpenter multiple times, but Carpenter simply told her that she was healing fine. Carpenter did not record the reported symptoms in Merchand’s medical file. Merchand sued Carpenter for medical malpractice. At trial, Merchand sought to introduce evidence of Carpenter’s conduct in prior medical-malpractice cases. Specifically, Merchand sought to produce testimony that Carpenter had previously declined to record his patients’ complaints about post-surgery symptoms and complications. The trial court declined to admit the evidence, ruling that it was inadmissible character evidence. The jury returned a verdict for Carpenter. Merchand appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (O’Brien, J.)

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