Malpractice claimant cannot sue hospital where she cannot identify employee who allegedly gave her bad advice.
Rasheedah Pearson sued several doctors and Detroit Receiving Hospital. She alleged that an employee of the hospital caused her to secure an unnecessary abortion by telling her, incorrectly, that a Depo-Provera injection she received would put the health of her fetus at risk. She also sued the doctor who performed the abortion, claiming he failed to correct the misunderstanding before performing the procedure.When her deposition was taken, however, Pearson could not tie the alleged misinformation to a particular agent of Detroit Receiving and therefore the doctors and hospital were dismissed as Defendants. Under "Engler Majority" rules, a patient cannot sue a hospital or clinic for medical negligence without first identifying the particular agent or employee who committed the alleged error.
The case against the doctor who performed the abortion was also dismissed because Pearson could not confirm precisely what she told the doctor and what response he made to her before performing the procedure.