Malpractice dismissal on a technicality is over-turned

Treva Lowery sued her doctors, claiming that they damaged her spleen while removing a kidney being donated to her brother.  Before any evidence was introduced at trial, the Defendants secured the dismissal of Ms. Lowery's claim by arguing that her physician expert was not sufficiently familiar with the medical facilities available in the Flint community.  The Defendants admitted that the urologist was otherwise adequately qualified to testify. 

The Court of Appeals ruled that the case should have gone forward against Dr. Michael Beer and Dr. Michael Macksood, and that the lower court's directed verdict against Lowery was improper.  The Court noted that the proof necessary to establish the resources and facilities available in the subject community could have come from other witnesses, including hostile witnesses or the Defendants, themselves, and therefore the case was dismissed prematurely.