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Estate of Betty Jean Shinholster v. Annapolis Hospital7/30/2004
BEFORE THE ENTIRE BENCH
We granted leave to appeal to consider the following three issues: (1) whether, and to what extent, MCL 600.6304 permits a trier of fact in a medical malpractice action to consider the plaintiff's own pre-treatment negligence to offset, at least in part, the defendant's fault; (2) whether the medical malpractice non-economic damages cap of MCL 600.1483 applies to a wrongful death action based on an underlying claim of medical malpractice, and assuming such cap applies, whether an action filed under the wrongful death act is subject to the higher medical malpractice non-economic damages cap of § 1483; and (3) whether, and to what extent, MCL 600.6311 applies in a wrongful death action. Regarding the first issue, the Court of Appeals affirmed the trial court's decision that MCL 600.6304(1) did not permit the trier of fact to offset defendants' fault on the basis of plaintiff's alleged pre-treatment negligence. On the basis of the clear and unambiguous language of § 6304(1), we hold that a trier of fact is permitted in "personal injury, property damage, wrongful death" tort actions, which necessarily include medical malpractice actions, to consider a plaintiff's pre-treatment negligence in offsetting a defendant's fault where reasonable minds could differ with regard to whether such negligence constituted "a proximate cause"-a foreseeable, natural and probable consequence-of the plaintiff's injury and damages. Further, on basis of the evidence presented, we believe that reasonable minds could find that plaintiff's pre-treatment negligence in this case-her failing to regularly take her prescribed blood pressure medication during the year preceding her fatal stroke-constituted a foreseeable, natural, and probable consequence of her fatal stroke, and thus we remand this case to the trial court for proceedings consistent with the opinions of this Court.
Regarding the second issue, the Court of Appeals affirmed the trial court's decision that the higher medical malpractice non-economic damages cap of § 1483 applies to a wrongful death action. Consistent with our recent decision in Jenkins v Patel, 471 Mich ___, ___; ___ NW2d ___ (2004), in which we held that the medical malpractice non-economic damages cap of MCL 600.1483 applies to a wrongful death action based on an underlying claim of medical malpractice, we affirm the decisions of both lower courts and hold that the higher medical malpractice non-economic damages cap of § 1483 applies where the injured person, at any time before his death and as a result of a defendant's negligent conduct, fits within the ambit of MCL 600.1483(1)(a), (b), or (c).
Regarding the third issue, the Court of Appeals, finding that MCL 600.6311 applies in this case because both the personal representative and the decedent were or would have been sixty years of age or older at the time of judgment, affirmed the trial court's decision that plaintiff's award of future damages should not be reduced to present value. Because the term "plaintiff," as used in § 6311, refers, for purposes of a wrongful death action, to the decedent, and because Mrs. Shinholster, the decedent, was sixty-one at her death and at the time of judgment, we agree with the trial court's interpretation of § 6311, and hold that, on remand, the trial court cannot reduce any future damages awarded to plaintiff to their present value.
I. BACKGROUND
In this medical malpractice action, Betty Shinholster (Shinholster), the decedent, made four visits to defendant Annapolis Hospital in April 1995, complaining of dizziness. Defendant Dr. Dennis Adams (Adams) examined plaintiff on April 7 and April 10, and defendant Dr. Mary Ellen Flaherty (F
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