Challenge to involuntary commitment is dismissed; not properly presented as malpractice and no claim for destrucition of evidence
Robert S. Zucker was involuntarily committed to Botsford Hospital and then to Henry Ford, after his daughter became concerned about his well-being and took a gun away from him. A responding police officer initiated an involuntary commitment that resulted in a 90 day commitment order by the Probate Court and, ultimately, a diagnosis of schizophrenia and paranoia. Mr. Zucker filed a lawsuit after his release, challenging the propriety of his treatment. The court ruled that he was really alleging medical malpractice in his diagnosis and treatment, and that to do so, he was required to comply with the rules governing medical malpractice.
The Court also reaffirmed the Michigan appellate courts' recent holding that Michigan does not allow a lawsuit against someone who destroys evidence that would support a separate lawsuit against a third-party. The original case arose out of an Allstate adjuster's failure to preserve fire evidence.